State v. Neal, 258 P.3d 365

Neal was convicted in December 2000 in two cases of second-degree murder and related offenses, with a PSI aggregating three municipal misdemeanors (1987 and 1988 batteries, and 1998 protective-order violation) into one prior felony for criminal history.
At sentencing, the district court allowed investigation into the criminal history score; no formal objection to the PSI appears in the record.
The State introduced disposition sheets for two of the convictions; Neal argues the misdemeanor convictions were uncounseled and should not have been aggregated.
Neal later filed a 22-3504 motion (August 2007) alleging an illegal sentence due to the aggregation; he sought recalculation and a reduced sentence.
The district court summarily denied the motion as procedurally barred and on the merits; the Court of Appeals affirmed, but this Court granted review.
The Kansas Supreme Court held the district court erred by denying the motion without an evidentiary hearing and remanded for an evidentiary hearing to resolve issues regarding counsel and waiver in the underlying misdemeanor convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 22-3504 motion is procedurally barred	Neal not barred; Flores allows timely 22-3504 challenge	State contends procedural bar applies	Not barred; 22-3504 proper vehicle for illegal sentence challenge
Whether Neal was entitled to counsel in the 1987 and 1988 uncounseled convictions	Records show Neal was not validly counseled; suspension of jail time implicates counsel	State argues waivers and counsel were adequate based on forms	Entitled to counsel; remand for evidentiary hearing on counsel/waiver issues
Whether remand for evidentiary hearing is required to resolve the uncounseled-conviction issue	Record inconclusive; needs live testimony	Record sufficient to resolve; no hearing needed	Remand for evidentiary hearing on all relevant issues

State v. Flores, 283 Kan. 380 (2007) (22-3504 motion may be raised at any time; legality focus)
State v. Pennington, 288 Kan. 599 (2009) (summary denial standard; hearing not always required)
State v. Howard, 287 Kan. 686 (2008) (de novo review for summary denial of 22-3504 motion)
State v. LaBelle, 290 Kan. 529 (2010) (illegal sentence includes improper calculation of history; must conform to statute)
State v. Delacruz, 258 Kan. 129 (1995) (uncounseled misdemeanor can count for history if not incarcerated; right to counsel not triggered without imprisonment)
State v. Youngblood, 288 Kan. 659 (2009) (Sixth Amendment counsel right arises when imprisonment is possible, even if suspended; narrows Delacruz rule)
State v. Hughes, 290 Kan. 159 (2010) (waiver certification required to show knowing and intelligent waiver; form alone insufficient)
State v. Allen, 28 Kan. App. 2d 784 (2001) (rights advisement/waiver forms insufficient to prove knowing waiver without clear certification)
State v. Jones, 272 Kan. 674 (2001) (burden to show lack of counsel on collateral challenge; evidence required)