State v. Kelly, 298 Kan. 965

Kelly, age 14, committed armed robbery and killed a clerk; certified for adult prosecution and pled guilty to felony murder and aggravated robbery.
District court imposed life with hard 15 for felony murder and 172-month term for aggravated robbery.
Approximately 12 years later, Kelly moved to withdraw pledges, claiming ineffective assistance, Miranda and other errors, and illegality of sentence.
District court initially denied as time-barred under earlier habeas rules; this court remanded to consider under 22-3210(d) (manifest injustice) as of ruling.
On remand, district court again denied without evidentiary hearing after finding counsel informed Kelly of rights and sentencing ranges.
Kelly appeals challenging manifest injustice, ineffective assistance, disproportionality, and illegality of sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether movant showed manifest injustice to withdraw plea	Kelly asserts ineffectiveness and unaddressed rights undermine voluntariness.	State contends no manifest injustice; rights and ranges adequately explained; Waiver was voluntary.	No manifest injustice; summary denial affirmed.
Whether trial counsel’s performance was ineffective	Counsel failed to explain minimum sentences, juvenile alternatives, and Miranda waiver.	Counsel explained range; no prejudice; no reasonable probability of trial instead of plea.	No ineffective assistance; no prejudice established.
Whether sentence disproportionality warranted plea withdrawal	Sentence is cruel/unusual given youth and offense.	Constitutional proportionality claim insufficiently developed for merits.	Not entitled to evidentiary hearing; no manifest disproportionality shown.
Whether sentence is illegal due to use of juvenile adjudications in history score	Juvenile adjudications improperly counted twice for criminal history.	Lanning/laMunyon control; juvenile adjudications not criminal convictions for history scoring.	Aggravated robbery sentence not illegal; proper use of juvenile adjudications.

State v. Bricker, 292 Kan. 239 (2011) (ineffective assistance and plea withdrawal standards under Strickland)
State v. Shears, 260 Kan. 823 (1996) (pre-plea prejudice standard for ineffective assistance)
State v. White, 289 Kan. 279 (2009) (advising defendant of sentencing range in plea negotiations)
State v. Lanning, 260 Kan. 815 (1996) (juvenile adjudication not a criminal conviction for history scoring)
State v. LaMunyon, 259 Kan. 54 (1996) (juvenile adjudications contribute to criminal history but are not convictions)
State v. Adams, 297 Kan. 665 (2013) (pre-plea advice and likelihood of trial; prejudice requirement)
State v. Florentin, 297 Kan. 594 (2013) (discretionary evidentiary hearing in disproportionality challenges)
State v. Berreth, 294 Kan. 98 (2012) (illegality and jurisdiction in sentencing review)