State v. Kelly, 244 P.3d 639

In 1994, Kelly, age 14, killed a liquor-store clerk during a robbery and was charged with first-degree felony murder and aggravated robbery.
The juvenile court waived jurisdiction, certifying Kelly for adult prosecution, and he pleaded guilty to both charges with counsel.
Sentencing: life for felony murder and a consecutive 172-month term for aggravated robbery, despite a proposed downward durational departure and juxtapositions of sentences.
On August 30, 2007, Kelly, pro se, filed a motion to withdraw plea and to correct illegal sentence and to vacate sentence, with an 11-page memorandum alleging ineffective assistance of counsel among other claims.
The district court denied the motion, construed it as a K.S.A. 60-1507 claim, and held it untimely; no hearing was held.
On appeal, Kelly argued the motion should be treated as a motion to withdraw his plea under K.S.A. 22-3210(d).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the motion should be construed as a withdrawal of plea	Kelly: pleadings should be read as motion to withdraw plea	State: proper framing was ineffective-assistance under 60-1507	Yes; construed as motion to withdraw plea.
Which statute governs pre/post-sentencing withdrawal	Kelly entitles relief under pre-sentencing standard	State: 60-1507 governs if treated as such	Pre-amendment standard applies; remand needed.
Proper disposition on remand	Kelly seeks manifest injustice review for withdrawal	State: no manifest injustice shown	Remand to consider manifest injustice under 22-3210.

State v. Aguilar, 290 Kan. 506 (2010) (guidance on withdrawal and related standards)
Bruner v. State, 277 Kan. 603 (2004) (liberal construction of pro se pleadings)
Estate of Draper v. Bank of America, 288 Kan. 510 (2009) (construction of written instruments; legal standards on pleadings)
State v. Edwards, 290 Kan. 330 (2010) (premature application of amended 22-3210 guidance)