Kansas Court to decide validity of unintentional second-degree murder sentence

Published: Dec. 8, 2022 at 1:38 PM CST
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TOPEKA, Kan. (WIBW) - The Kansas Supreme Court will the validity of a sentence for a man convicted of unintentional second-degree murder.

The Kansas Supreme Court says that during its upcoming docket on Dec. 12 - 14, it will hear an appeal in State of Kansas v. Tyler D. Deck, a case that stems from Sedgwick Co.

Court records indicate that Deck has appealed the district court’s summary denial of his motion to correct an illegal sentence. He claimed the court lacked subject matter jurisdiction to sentence him for his conviction of attempted unintentional second-degree murder - as there is no such crime in the State of Kansas.

In the alternative, Deck claimed the court must remand the case with directions for the district court to file a nunc pro tunc order which reflects the correct sentence rendered in open court for his conviction.

Records also showed that the Court of Appeals agreed with the alternative claim but otherwise affirmed the district court’s judgment.

The Court noted that the issue to be on review is whether the district court lacked jurisdiction on Deck’s sentence on count four, which charged attempted unintentional second-degree murder, because the crime does not exist in Kansas.

Deck was convicted of second-degree murder following a 2014 gas station shooting and pursuit with Wichita Police.