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Abasolo filed a 60-1507 motion, claiming that she did not realize her sentence was 52 months until she arrived at the correctional facility.
Abasolo claimed a discrepancy in the length of her sentence, ineffective assistance of counsel, and that she was an unmedicated manic depressive with bipolar disorder.
Abasolo contends the trial court's modification of the sentence to 36 months was unambiguous, resulting in a final, controlling sentence that is not subject to modification.
Abasolo claims that she "did not know that the sentence was for 52 months until [she] got to Topeka Correctional Facility." Because the time for filing a direct appeal had passed, Abasolo filed a motion under K.S.A. 60-1507, alleging that the journal entry did not reflect her correct sentence.
Abasolo appealed from both rulings claiming that the district court erred by failing to correct the journal entry to show a sentence of 36 months and by dismissing her claims for ineffective assistance of counsel.
Abasolo counters that the imposition of a reduced sentence at the time of a probation violation hearing is a "simple act of discretion" that does not require explanation or reasons set forth in the record.
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