22-3602. Appeals by defendant, when; appeals by prosecution; transfers to supreme court. (a) Except as otherwise provided, an appeal to the appellate court having jurisdiction of the appeal may be taken by the defendant as a matter of right from any judgment against the defendant in the district court and upon appeal any decision of the district court or intermediate order made in the progress of the case may be reviewed. No appeal shall be taken by the defendant from a judgment of conviction before a district judge upon a plea of guilty or nolo contendere, except that jurisdictional or other grounds going to the legality of the proceedings may be raised by the defendant as provided in K.S.A. 60-1507, and amendments thereto.
(b) Appeals to the court of appeals may be taken by the prosecution from cases before a district judge, or a district magistrate judge who is regularly admitted to practice law in Kansas, as a matter of right in the following cases, and no others:
(1) From an order dismissing a complaint, information or indictment;
(2) from an order arresting judgment;
(3) upon a question reserved by the prosecution; or
(4) upon an order granting a new trial in any case involving a class A or B felony or for crimes committed on or after July 1, 1993, in any case involving an off-grid crime.
(c) Procedures for appeals by the prosecution enumerated in subsection (b) shall be as provided in supreme court rules.
(d) Appeals to a district judge may be taken by the prosecution from cases before a district magistrate judge who is not regularly admitted to practice law in Kansas as a matter of right in the cases enumerated in subsection (b) and from orders enumerated in K.S.A. 22-3603, and amendments thereto.
(e) Any criminal case on appeal to the court of appeals may be transferred to the supreme court as provided in K.S.A. 20-3016 and 20-3017, and amendments thereto, and any party to such case may petition the supreme court for review of any decision of the court of appeals as provided in subsection (b) of K.S.A. 20-3018, and amendments thereto, except that any such party may appeal to the supreme court as a matter of right in any case in which a question under the constitution of either the United States or the state of Kansas arises for the first time as a result of the decision of the court of appeals.
(f) For crimes committed on or after July 1, 1993, an appeal by the prosecution or the defendant relating to sentences imposed pursuant to a presumptive sentencing guidelines system as provided in K.S.A. 21-4701 et seq., prior to their repeal, or the revised Kansas sentencing guidelines act, article 68 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, shall be as provided in K.S.A. 21-4721, prior to its repeal, or K.S.A. 21-6820, and amendments thereto.
History: L. 1970, ch. 129, § 22-3602; L. 1976, ch. 167, § 1; L. 1977, ch. 112, § 9; L. 1986, ch. 115, § 65; L. 1987, ch. 117, § 1; L. 1992, ch. 239, § 263; L. 1993, ch. 291, § 196; L. 1999, ch. 159, § 7; L. 2011, ch. 30, § 133; L. 2014, ch. 71, § 2; July 1.
Source or Prior Law:
62-1703.
Law Review and Bar Journal References:
"Criminal Procedure—Severed Defendant's Fifth Amendment Refusal to Testify at Co-defendant's Trial is Admissible to Impeach Defendant's Alibi Defense at His Own Trial—State v. Nott," Joe Rebein, 33 K.L.R. 189, 195 (1984).
"Review Proceedings," K.L.R., Criminal Procedure Edition, 37 (1989).
"Murder, Self-defense, and the Battered Woman Syndrome in Kansas [State v. Stewart], 243 Kan. 639, 763 P.2d 572 (1988)," Nancy Ogle, 28 W.L.J. 400, 410 (1989).
"A Quantitative and Descriptive Survey of Evidence Law in the Kansas Appellate Courts," Stanley D. Davis, 37 K.L.R. 715, 720 (1989).
Survey of Recent Cases, 43 K.L.R. 983, 1004 (1995).
"Criminal Procedure Review: Survey of Recent Cases," 44 K.L.R. 895 (1996).
"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).
"Habeas Corpus in Kansas: The Great Writ Affords Postconviction Relief at K.S.A. 60-1507," Martha J. Coffman, 67 J.K.B.A. No. 1, 16 (1998).
Criminal Procedure Edition, 47 K.L.R. 937 (1999).
"Criminal Procedure Survey of Cases," 48 K.L.R. 895 (2000).
"Giving Credit When Credit is Due, The Kansas Law on Jail Time Credit," Franklin R. Pierce, 69 J.K.B.A. No. 9, 22 (2000).
"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).
"Criminal Procedure Survey of Recent Cases," Matt Corbin, Editor, 51 K.L.R. 659, 762 (2003).
Criminal Procedure Survey, 55 K.L.R. 797 (2007).
Criminal Procedure Survey, 56 K.L.R. 828 (2008).
"Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009).
CASE ANNOTATIONS
1. Appeal brought under subsection (3); no error in refusal to submit aiding and abetting instruction in prosecution under K.S.A. 21-3503. State v. Ingram, 211 Kan. 587, 506 P.2d 1148.
2. Questions reserved by state in criminal prosecution not entertained on appeal merely to determine whether error committed in rulings adverse to state. State v. Kopf, 211 Kan. 848, 508 P.2d 847.
3. State reserved question so dependent on unique and particular facts that appellate review would not aid in uniform administration of criminal law. State v. Chittenden, 212 Kan. 178, 510 P.2d 152.
4. Appeal on question reserved; patterned jury instruction disapproved. State v. McClanahan, 212 Kan. 208, 510 P.2d 153.
5. Review under subsection (c); acquittal of charges of operating restaurants without licenses upheld. State v. Helgerson, 212 Kan. 412, 511 P.2d 221.
6. Review under subsection (c); order granting acquittal is final and not appealable; "do what you think is fair" instruction disapproved. State v. Gustin, 212 Kan. 475, 476, 510 P.2d 1290.
7. State appeal on question reserved not sustained; evidence properly suppressed in "stop and frisk" case. State v. Jackson, 213 Kan. 219, 515 P.2d 1108.
8. Appeal on questions reserved by prosecution sustained. State v. V.F.W. Post No. 3722, 215 Kan. 693, 695, 527 P.2d 1020.
9. Appeal from order dismissing charge of felony murder; death from heroin overdose; under facts rule not invoked. State v. Mauldin, 215 Kan. 956, 529 P.2d 124.
10. Dismissal for failure to grant speedy trial due to delays held error. State v. Fink, 217 Kan. 671, 673, 538 P.2d 1390.
11. Appeal from order dismissing counts against defendants; reversed in part. State v. Cuezze, Houston & Faltico, 225 Kan. 274, 589 P.2d 626.
12. Order granting motion for acquittal after guilty verdict not appealable; appeal dismissed. State v. Crozier, 225 Kan. 120, 121, 122, 123, 124, 125, 126, 587 P.2d 331.
13. Judgment of acquittal in prosecution under K.S.A. 21-3814 not appealable. State v. Rodgers, 225 Kan. 242, 243, 589 P.2d 981.
14. Order dismissing complaint information held judgment of acquittal; not appealable. State v. Whorton, 225 Kan. 251, 253, 589 P.2d 610.
15. Appeal hereunder from dismissal of complaint of disorderly conduct on ground only one person heard alleged statements; reversed and remanded. State v. Polson, 225 Kan. 821, 822, 594 P.2d 235.
16. Appeal in criminal action from pre-trial order denying motion for discharge on grounds of double jeopardy dismissed; not appealable order. State v. Fisher, 2 Kan. App. 2d 353, 354, 355, 579 P.2d 167.
17. Appeal dismissed; sentence must be imposed or imposition of sentence suspended in order to have a final appealable judgment. City of Topeka v. Martin, 3 Kan. App. 2d 105, 590 P.2d 106.
18. The determination whether an insanity acquittee continues to be dangerous is a legal rather than a medical decision; patient was improperly discharged; judgment reversed. In re Noel, 226 Kan. 536, 537, 601 P.2d 1152.
19. Appeal hereunder from order dismissing charge of theft; defendant found to have been a minor at time of offense; theft not a continuing offense; order affirmed. State v. Gainer, 227 Kan. 670, 608 P.2d 968.
20. Question reserved hereunder; appeal denied. State v. Great American Theatre, 227 Kan. 633, 608 P.2d 951.
21. Cited; guilty plea conviction; no appeal from denial of sentence modification motion filed more than 130 days after sentencing. State v. Henning, 3 Kan. App. 2d 607, 608, 599 P.2d 318.
22. Nolo contendere plea same as guilty plea; no jurisdictional grounds found to attack the proceedings. Lill v. State, 4 Kan. App. 2d 40, 41, 602 P.2d 129.
23. Withdrawal of nolo contendere pleas after acceptance but before sentencing not appealable by state as final judgment. State v. Puckett, 227 Kan. 911, 912, 610 P.2d 637.
24. Trial court order excluding "other crimes" evidence not an order suppressing evidence; appellate court has no jurisdiction to hear appeal by state. State v. Boling, 5 Kan. App. 2d 371, 373, 617 P.2d 102.
25. Acquittal on motion by defendant at close of state's evidence not appealable by state except when question is of statewide interest and vital to correct and uniform administration of criminal law. State v. Lamkin, 229 Kan. 104, 621 P.2d 995.
26. Defendant's conviction in Missouri for driving while under the influence of intoxicating liquor not a bar to a Kansas prosecution for same offense; judgment reversed. State v. Russell, 229 Kan. 124, 622 P.2d 658.
27. State not authorized to make interlocutory appeal; order granting new trial may not provide the basis for an interlocutory appeal as of right upon a question reserved. State v. Grimes, 229 Kan. 143, 144, 145, 146, 147, 148, 622 P.2d 143.
28. Upon question reserved, it is held that exception in K.S.A. 21-4310(2)(g) does not apply to prosecutions under K.S.A. 21-3727. State v. Jones, 229 Kan. 528, 625 P.2d 503.
29. State may not file interlocutory appeal after criminal trial begun; question reserved may be appealed only after judgment; defendant discharged because once in jeopardy. State v. Hermes, 229 Kan. 531, 532, 625 P.2d 1137.
30. Jurisdiction lacking for appeal of conviction of involuntary manslaughter; sentence deferred, not suspended. State v. Lottman, 6 Kan. App. 2d 741, 633 P.2d 1178 (1981).
31. Appeal by state upon court's refusal to impose mandatory minimum sentence under K.S.A. 21-4618; mandatory sentence required whether firearm operable or inoperable. State v. Pelzer, 230 Kan. 780, 640 P.2d 1261 (1982).
32. Question reserved of statewide interest; defendant may waive K.S.A. 60-460(c) protection of meeting witness face-to-face. State v. Busse, 231 Kan. 108, 109, 642 P.2d 972 (1982).
33. Appeal taken by state under subsection (b)(1). State ex rel. Owens v. Colby, 231 Kan. 498, 646 P.2d 1071 (1982).
34. Appeal by state under subsection (b)(3) concerning instruction to jury. State v. Simon, 231 Kan. 572, 646 P.2d 1119 (1982).
35. Appeal on question reserved hereunder sustained; K.S.A. 17-1921 found constitutional. State v. Kriss, 232 Kan. 301, 654 P.2d 942 (1982).
36. Appeals entertained on questions reserved if questions of statewide interest and answers vital to correct administration of criminal law. State v. Martin, 232 Kan. 778, 779, 658 P.2d 1024 (1983).
37. Dismissal of prosecution for possession of cocaine appealed hereunder; evidence of drug in bloodstream insufficient to establish guilt. State v. Flinchpaugh, 232 Kan. 831, 832, 659 P.2d 208 (1983).
38. Complaint reinstated; trial court erred in applying reasonable doubt test at preliminary hearing; evidence sufficient to support probable cause finding. State v. Hunter, 232 Kan. 853, 854, 658 P.2d 1050 (1983).
39. Action to have defendant declared habitual violator of traffic laws is civil not criminal thus appeal from dismissal thereof not controlled hereby. State v. Boos, 232 Kan. 864, 867, 870, 659 P.2d 224 (1983).
40. Circumstantial evidence of intoxication erroneously excluded. State v. Ward, 233 Kan. 144, 145, 660 P.2d 957 (1983).
41. Appeal may be perfected even though a complaint dismissed at pretrial may be refiled. State v. Zimmerman & Schmidt, 233 Kan. 151, 153, 154, 155, 660 P.2d 960 (1983).
42. Procedure after dismissal of complaint at preliminary hearing considered. State v. Jones, 233 Kan. 170, 174, 660 P.2d 965 (1983).
43. Court properly combined post-arraignment time of first prosecution and post-arraignment time of second prosecution. State v. Ransom, 233 Kan. 185, 661 P.2d 392 (1983).
44. Question reserved under subsection (b)(3); objection of state to PIK Crim.2d 70.01 (DUI); held, instruction is acceptable but should be modified; appeal denied. State v. Reeves, 233 Kan. 702, 664 P.2d 862 (1983).
45. Cited in holding direct appeal from sentence following guilty plea permissible under code of criminal procedure. State v. Green, 233 Kan. 1007, 1009, 1011, 666 P.2d 716 (1983).
46. State cannot appeal dismissal of some counts of multiple count complaint, information or indictment while other counts still pending. State v. Freeman, 234 Kan. 278, 279, 670 P.2d 1365 (1983).
47. State has no right to appeal dismissal of part of complaint while remainder pending. State v. Bickford, 234 Kan. 507, 511, 672 P.2d 607 (1983).
48. Cited in holding appeal to district court from municipal court must comply with K.S.A. 22-3609. City of Overland Park v. Barron, 234 Kan. 522, 672 P.2d 1100 (1983).
49. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 948, 678 P.2d 146 (1984).
50. Where district court reversed municipal court and remanded for further proceedings, such order is not an appealable order hereunder. City of Kansas City v. Sherman, 9 Kan. App. 2d 757, 758, 687 P.2d 1383 (1984).
51. Where no appeal taken from order dismissing charges before preliminary examination, no jurisdiction lies for interlocutory appeal. State v. Patrzykont, 235 Kan. 537, 538, 680 P.2d 555 (1984).
52. Time limit for prosecution to appeal hereunder is that specified in K.S.A. 60-2103. State v. Freeman, 236 Kan. 274, 277, 689 P.2d 885 (1984).
53. Cited in holding attorney hired under K.S.A. 19-717 not special prosecutor under K.S.A. 22-2202(17); cannot appeal dismissal of complaint. State v. Berg, 236 Kan. 562, 565, 694 P.2d 427 (1985).
54. Questions reserved by state in criminal prosecution will not be considered on appeal merely to demonstrate whether error has been committed by trial court. State v. Holland, 236 Kan. 840, 841, 696 P.2d 401 (1985).
55. Refusal to admit defendant's inconsistent statements without polygraph tests results is question of statewide interest. State v. Martin, 237 Kan. 285, 294, 699 P.2d 486 (1985).
56. Evidence of wantonness presented at preliminary hearing (K.S.A. 22-2902) on involuntary manslaughter (K.S.A. 21-3404); dismissal error. State v. Burrell, 237 Kan. 303, 306, 699 P.2d 499 (1985).
57. Question of owner as used in K.S.A. 21-3701 and applied to mechanic's lien holder from whom property stolen by general owner determined. State v. Etape, 237 Kan. 380, 381, 699 P.2d 532 (1985).
58. Expert witness (K.S.A. 60-456); may not testify as to whether defendant molested (K.S.A. 21-3504) alleged victim. State v. Lash, 237 Kan. 384, 385 699 P.2d 49 (1985).
59. Expungement (K.S.A. 21-4619); records of diversion (K.S.A. 22-2907) not within statute. State v. Haug, 237 Kan. 390, 699 P.2d 535 (1985).
60. Cited; trial court's refusal to set aside diversion agreement (K.S.A. 22-2911) not appealable under K.S.A. 22-3603. State v. McDaniels, 237 Kan. 767, 770, 771, 703 P.2d 789 (1985).
61. On question reserved, K.S.A. 21-4003 (denial of civil rights) held not to apply to minister's refusal to perform wedding ceremony. State v. Barclay, 238 Kan. 148, 708 P.2d 972 (1985).
62. Appeal hereunder; jail time credit (K.S.A. 21-4614) while in community corrections facility on probation is question of statewide importance. State v. Fowler, 238 Kan. 326, 327, 331, 710 P.2d 1268 (1985).
63. Appeal hereunder; rights of persons not named in search warrant (K.S.A. 22-2509) of private premises distinguished from named persons. State v. Lambert, 238 Kan. 444, 445, 710 P.2d 693 (1985).
64. State appeal from dismissal of marijuana charge (K.S.A. 65-4105(d)(13), 65-4127b(b)(3)) per court order; appeal still available. State v. Schilling, 238 Kan. 593, 602, 712 P.2d 1233 (1986).
65. Cited; differences between K.S.A. 22-3504 and 60-1507 examined; purpose of K.S.A. 22-3504(2) is to minimize difficulties encountered in a K.S.A. 60-1507 action. State v. Thomas, 239 Kan. 457, 459, 460, 720 P.2d 1059 (1986).
66. One who pleads guilty or nolo contendere not precluded from taking direct appeal from sentence imposed (overruling State v. Haines, 238 Kan. 478, 712 P.2d 1211 (1986)). State v. Harrold, 239 Kan. 645, 649, 722 P.2d 563 (1986).
67. Where court permits extensive additional discovery and hearings after plea and before sentencing, appeal considered proceeding under K.S.A. 60-1507. State v. Alsup, 239 Kan. 673, 674, 722 P.2d 1100 (1986).
68. Use of uncounseled diversion agreement to enhance sentence upon subsequent DUI conviction examined. State v. Priest, 239 Kan. 681, 722 P.2d 576 (1986).
69. Appeal hereunder; effect of annulment of bigamous marriage on prosecution for crime of bigamy (K.S.A. 21-3601) examined. State v. Fitzgerald, 240 Kan. 187, 726 P.2d 1344 (1986).
70. Appeal hereunder; trial court discretion regarding mandatory minimum fine upon second DUI conviction examined. State v. Kitzman, 240 Kan. 191, 727 P.2d 491 (1986).
71. Cited; error in discharging defendant following preliminary hearing where probable cause shown (K.S.A. 22-2902(3)). State v. Puckett, 240 Kan. 393, 396, 729 P.2d 458 (1986).
72. Appeal sustained; driver's license holder has burden to notify when holder moves from address on license (K.S.A. 8-248). State v. Moffett, 240 Kan. 406, 408, 728 P.2d 1330 (1986).
73. Cited; no direct appeal of denial of probation following guilty or nolo contendere plea. State v. Hamilton, 240 Kan. 539, 540, 731 P.2d 863 (1987).
74. Cited; direct appeal from sentences imposed following guilty pleas examined. State v. Bennett, 240 Kan. 575, 576, 731 P.2d 284 (1987).
75. Cited; 179-day period accused's motion to suppress evidence kept under advisement, right to speedy trial (K.S.A. 22-3402) examined. State v. Roman, 240 Kan. 611, 731 P.2d 1281 (1987).
76. Cited; authority of municipal law enforcement officer in "fresh pursuit" to make warrantless misdemeanor arrest on military reservation examined. City of Junction City v. Riley, 240 Kan. 614, 615, 731 P.2d 310 (1987).
77. Cited; power to issue search warrant for blood sample of DUI suspect over suspect's refusal (K.S.A. 8-1001, 8-1567) examined. State v. Adee, 241 Kan. 825, 740 P.2d 611 (1987).
78. Cited; direct appeal of probation denial and sentencing following guilty or nolo contendere plea dismissed. State v. Dantzler, 12 Kan. App. 2d 181, 737 P.2d 69 (1987).
79. Cited; when motion to modify acts as probation request (K.S.A. 21-4603), no direct appeal from probation denial (K.S.A. 22-3602) examined. State v. Deavours, 12 Kan. App. 2d 361, 743 P.2d 1011 (1987).
80. Cited; appeal times controlling (K.S.A. 22-3608) with and without imposition of sentence (K.S.A. 21-4603) determined. State v. Wagner, 242 Kan. 329, 747 P.2d 114 (1987).
81. Cited; dual venue where two or more acts requisite to crime occurred in separate counties examined. State v. Redford, 242 Kan. 658, 672, 750 P.2d 1013 (1988).
82. Question reserved: Viable fetus held not a "human being" within meaning of aggravated vehicular homicide statute (K.S.A. 21-3405a). State v. Trudell, 243 Kan. 29, 755 P.2d 511 (1988).
83. Cited; felony murder rule (K.S.A. 21-3401) as not excluding killing of co-felon from its application examined. State v. Hoang, 243 Kan. 40, 46, 755 P.2d 7 (1988).
84. Cited; indigent defendant's right to transcript of sentencing hearing following denial of sentence modification examined. State v. Duckett, 13 Kan. App. 2d 122, 124, 764 P.2d 134 (1988).
85. Cited; venue for theft (K.S.A. 21-3701) and conspiracy (K.S.A. 21-3302) where requisite acts for commission occurred in separate counties examined. State v. Dickens, 243 Kan. 574, 576, 757 P.2d 321 (1988).
86. Cited; self-defense instruction by battered wife absent showing of imminent danger examined. State v. Stewart, 243 Kan. 639, 640, 763 P.2d 572 (1988).
87. Cited; Nonresident Violator Compact (K.S.A. 8-1219) as exception to suspension provisions in K.S.A. 8-256(a) and 8-1474 examined. State v. Hudon, 243 Kan. 725, 763 P.2d 611 (1988).
88. Cited; effect of failure to execute arrest warrant due to incarceration of defendant in another jurisdiction examined. State v. Nicholson, 243 Kan. 747, 763 P.2d 616 (1988).
89. Cited; failure of trial court to state specific findings for granting new trial examined. State v. Neal, 243 Kan. 756, 763 P.2d 621 (1988).
90. Cited; person released from custody as not subject to speedy trial provisions of K.S.A. 22-4303 examined. State v. Julian, 244 Kan. 101, 765 P.2d 1104 (1988).
91. Dismissal based on court's discretion in the enforcement of plea agreement examined. State v. Smith, 244 Kan. 283, 288, 767 P.2d 1302 (1989).
92. Admissibility of evidence stored in court computer regardless of compliance with K.S.A. 60-2601a determined. State v. Chapman, 244 Kan. 471, 769 P.2d 660 (1989).
93. Authority of department of revenue to delete suspension order under K.S.A. 40-3104 examined. State v. Damman, 244 Kan. 487, 488, 769 P.2d 662 (1989).
94. Constitutionality of marijuana and controlled substances tax act (K.S.A. 79-5201 et seq.), uses of information obtained thereunder determined. State v. Durrant, 244 Kan. 522, 524, 769 P.2d 1174 (1989).
95. Application of general statute on false writing (K.S.A. 21-3711) or specific statute on welfare fraud (K.S.A. 39-720) examined. State v. Wilcox, 245 Kan. 76, 77, 775 P.2d 177 (1989).
96. State has right to appeal where court incorrectly characterized dismissal (K.S.A. 22-3208) as judgment of acquittal. State v. Ruden, 245 Kan. 95, 100, 774 P.2d 972 (1989).
97. Direct appeal from sentence imposed permitted when purpose is to challenge legality of sentence following guilty or nolo contendere plea. State v. D.L.P., 13 Kan. App. 2d 647, 650, 778 P.2d 851 (1989).
98. Appeal from probation denial following guilty plea where statutory presumption of probation applies (K.S.A. 21-4606a) examined. State v. VanReed, 245 Kan. 213, 777 P.2d 794 (1989).
99. Untimely notice of appeal as constituting ineffective assistance of counsel and granting right to appeal determined. State v. Smith, 245 Kan. 381, 383, 781 P.2d 666 (1989).
100. Appeal on question whether "viable fetus" within term "human being" examined; not within meaning of murder statute (K.S.A. 21-3401) determined. State v. Green, 245 Kan. 398, 401, 781 P.2d 678 (1989).
101. Unreasonable scope and duration of seizure examined where passengers checked and car searched following ticketing of driver. State v. Damm, 246 Kan. 220, 787 P.2d 1185 (1990).
102. Consequences of third or subsequent conviction of driving with suspended license determined. State v. Harpool, 246 Kan. 226, 227, 788 P.2d 281 (1990).
103. Plea agreement on concurrent and maximum sentences and comments on factors in K.S.A. 21-4606 and defendant's conduct examined. State v. Crawford, 246 Kan. 231, 234, 787 P.2d 1180 (1990).
104. Intent of marriage license statute (K.S.A. 23-106) relationship to indecent liberties with child (K.S.A. 21-3503) examined. State v. Sedlack, 246 Kan. 305, 787 P.2d 709 (1990).
105. K.S.A. 22-3603 as proper statute to appeal order suppressing or excluding evidence that substantially impairs state's case examined. State v. Griffin, 246 Kan. 320, 322, 787 P.2d 701 (1990).
106. Petition for certiorari with U.S. Supreme Court as not extending filing time for motion to modify sentence examined. State v. Miller, 246 Kan. 445, 790 P.2d 419 (1990).
107. Testimony regarding reliability of marijuana identification test as opposed to testimony showing test results examined. State v. Fuller, State v. Damm, 246 Kan. 220, 787 P.2d 1185 (1990).
108. Substantial safeguards for admission of hypnotically refreshed testimony examined. State v. Butterworth, 246 Kan. 541, 542, 792 P.2d 1049 (1990).
109. Provisions of K.S.A. 21-4301(1), (2) and (3)(c) prohibiting dissemination of obscene devices determined as unconstitutional prohibition on therapeutic devices. State v. Hughes, 246 Kan. 607, 792 P.2d 1023 (1990).
110. Unlawful arrest as not giving immunity from prosecution nor defense to conviction determined. State v. Weis, 246 Kan. 694, 792 P.2d 989 (1990).
111. Supreme court's authority to examine challenges to defects in information first raised on appeal determined. State v. Hall, 246 Kan. 728, 760, 793 P.2d 737 (1990).
112. Court's refusal to admit defendant's statement as not raising question of statewide interest determined. State v. Price, 247 Kan. 100, 104, 795 P.2d 57 (1990).
113. City law enforcement officer's authority to exercise powers outside city limits (K.S.A. 22-2401a) examined. State v. Ross, 247 Kan. 191, 795 P.2d 937 (1990).
114. Scope of appellate review of search warrant good faith exception to exclusionary rule examined. State v. Probst, 247 Kan. 196, 197, 795 P.2d 393 (1990).
115. Speedy trial issue examined in case arising from multicount misdemeanor/felony complaint. State v. Smith, 247 Kan. 455, 456, 799 P.2d 497 (1990).
116. State's dismissal of action based on necessity and refiling same as not an avoidance of speedy trial limitations (K.S.A. 22-3402) examined. State v. Jamison, 248 Kan. 302, 806 P.2d 972 (1991).
117. Questions will not be entertained merely to demonstrate whether error has been committed in rulings on evidence and instructions. State v. Leonard, 248 Kan. 427, 432, 807 P.2d 81 (1991).
118. Violations of campaign finance act (K.S.A. 25-4142 et seq.), acts constituting concealment examined. State v. Palmer, 248 Kan. 681, 683, 810 P.2d 734 (1991).
119. Whether minor over 14 years convicted third time for driving with suspended license (K.S.A. 8-262) is subject to mandatory jail sentence examined. State v. Frazier, 248 Kan. 963, 964, 811 P.2d 1240 (1991).
120. Sufficiency of evidence arising from "reverse sting" drug operation to establish probable cause examined. State v. Starks, 249 Kan. 516, 517, 820 P.2d 1243 (1991).
121. Application of section considered in action involving extension of probation. State v. Freeman, 249 Kan. 768, 769, 822 P.2d 68 (1991).
122. Direct appeal of probation denial precluded following guilty or nolo contendere plea; appeal of sentence permitted. State v. Bruner, 15 Kan. App. 2d 369, 370, 371, 808 P.2d 440 (1991).
123. Appellate court review of minimum sentence not involving presumptive probation after plea of guilty or nolo contendere examined. State v. Salinas, 15 Kan. App. 2d 578, 579, 811 P.2d 525 (1991).
124. Appeal from imposition of minimum sentence after plea of guilty absent allegations of partiality, prejudice or corrupt motive denied. State v. Ramsey, 16 Kan. App. 2d 132, 134, 819 P.2d 667 (1991).
125. Lack of jurisdiction to consider appeals from statutory minimum sentences noted; restitution order examined. State v. Beechum, 251 Kan. 194, 201, 833 P.2d 988 (1992).
126. Law enforcement officer's stop of vehicle for safety reasons alone examined. State v. Vistuba, 251 Kan. 821, 840 P.2d 511 (1992).
127. Allegations required in motion to withdraw guilty plea prior to sentencing, burden of showing abuse of discretion examined. State v. Larry, 252 Kan. 92, 843 P.2d 196 (1992).
128. Hearsay nature of certain conversations, statements, and reports of deceased confidential informant examined. State v. Rowe, 252 Kan. 243, 245, 843 P.2d 714 (1992).
129. Appeal hereunder; venue for trial in aiding and abetting the sale of drugs discussed. State v. Chapman, 252 Kan. 606, 607, 847 P.2d 1247 (1993).
130. Grant of probation not appealable by state. State v. Ruff, 252 Kan. 625, 629, 630, 847 P.2d 244 (1993).
131. Prosecution under K.S.A. 61-4141, based upon facilitation, requires proof of the actual commission of the underlying felony. State v. Garrison, 252 Kan. 929, 930, 932, 850 P.2d 244 (1993).
132. Issue reserved by state regarding K.S.A. 40-247 no longer of statewide interest; appeal dismissed. State v. Trammell, 252 Kan. 961, 962, 850 P.2d 249 (1993).
133. When the prosecution of a traffic citation commences examined. State v. Donlay, 253 Kan. 132, 853 P.2d 680 (1993).
134. Cited in holding that appeals from municipal court on questions of law are limited to issues of statewide interest. City of Overland Park v. Travis, 253 Kan. 149, 151, 853 P.2d 47 (1993).
135. District court jurisdiction to hear second motion to modify sentence following adverse ruling on appeal of conviction examined. State v. Reed, 253 Kan. 154, 853 P.2d 50 (1993).
136. Trespass on abortion clinic property examined; justification by necessity defense noted as not available in Kansas. City of Wichita v. Tilson, 253 Kan. 285, 286, 855 P.2d 911 (1993).
137. Whether appeal time commences when defendant is found not guilty or when journal entry filed examined. City of Wichita v. Brown, 253 Kan. 626, 627, 628, 861 P.2d 789 (1993).
138. Whether discretion abused in denying foundation laid by state regarding blood alcohol concentration test results examined; whether objection to lack of foundation specific enough examined. City of Overland Park v. Cunningham, 253 Kan. 765, 766, 861 P.2d 1316 (1993).
139. Whether prosecution's failure to appeal indictments from improperly convened grand jury foreclosed appeal on grand jury's later indictments examined. State v. Finical, 254 Kan. 529, 531, 867 P.2d 322 (1994).
140. Whether financial transaction was investment contract in preliminary hearing dismissal of security fraud examined. State v. Hood, 255 Kan. 228, 237, 873 P.2d 1355 (1994).
141. Whether court's refusal to convert defendants' sentences to guidelines sentences constitutes imposition of illegal sentence examined. State v. Gonzales, 255 Kan. 243, 246, 874 P.2d 612 (1994).
142. Whether attorney's mistake in filing appeal prematurely precludes consideration of merits of appeal examined. State v. Rios, 19 Kan. App. 2d 350, 352, 869 P.2d 755 (1994).
143. Whether victim must receive notice of sua sponte hearing regarding granting misdemeanant defendant parole examined. State v. Holt, 255 Kan. 416, 874 P.2d 1183 (1994).
144. Whether habitual offender ordinance requiring increasing fines is constitutional for repeat indigent criminal offenders examined. Wichita v. Lucero, 255 Kan. 437, 438, 874 P.2d 1144 (1994).
145. Whether court had jurisdiction to order pen register and wiretap when component located in adjacent county examined. State v. Gibson, 255 Kan. 474, 874 P.2d 1122 (1994).
146. When appellate courts have jurisdiction to hear appeal of denial of motion to withdraw guilty plea discussed. State v. McDaniel, 255 Kan. 756, 758, 877 P.2d 961 (1994).
147. Whether defendant may appeal from a denial of motion to withdraw a plea of guilty examined. State v. Flowers, 19 Kan. App. 2d 563, 565, 873 P.2d 226 (1994).
148. Whether jury trial request must be made within seven days of case assignment or trial setting; "trial assignment" construed. State v. Bell, 20 Kan. App. 2d 193, 195, 884 P.2d 1164 (1994).
149. Whether judge can set less severe penalty than life imprisonment for class A felony probation revocation examined. State v. Van Winkle, 256 Kan. 890, 893, 889 P.2d 749 (1995).
150. Whether appellate courts have authority to hear direct appeal from denial of motion to withdraw plea or nolo contendere examined. State v. Solomon, 257 Kan. 212, 217, 891 P.2d 407 (1995).
151. Whether the appellate court must answer defendant's questions expanding on question reserved by prosecution examined. State v. Mountjoy, 257 Kan. 163, 165, 891 P.2d 376 (1995).
152. Whether judge erred by using inappropriate standard in reviewing probable cause to hold defendant examined. State v. Bockert, 257 Kan. 488, 491, 893 P.2d 832 (1995).
153. Whether municipal ordinance definition of handicapped access area is unconstitutionally vague examined. City of Wichita v. Basgall, 257 Kan. 631, 632, 894 P.2d 876 (1995).
154. Whether sentencing judge has discretion to impose concurrent or consecutive sentences in multiple conviction cases examined. State v. Peal, 20 Kan. App. 2d 816, 820, 893 P.2d 258 (1995).
155. State is not entitled to de novo preliminary hearing when magistrate dismisses criminal case for lack of probable cause. State v. Kleen, 257 Kan. 911, 912, 896 P.2d 376 (1995).
156. Appeal by state on question reserved dismissed for failure to properly reserve question for appeal of acquittal. State v. G.W.A., 258 Kan. 703, 705, 707, 906 P.2d 657 (1995).
157. Defendant may appeal imposition of discretionary consecutive sentences only if imposition constitutes departure. State v. McCallum, 21 Kan. App. 2d 40, 45, 895 P.2d 1258 (1995).
158. Appeal dismissed where state's notice of appeal mistakenly stated appeal was interlocutory. State v. Kerby, 259 Kan. 104, 105, 910 P.2d 836 (1996).
159. Dismissal of charge of rape at preliminary hearing reversed. State v. Bryan, 259 Kan. 143, 157, 161, 910 P.2d 212 (1996).
160. Prosecution appeal of factual basis for accepting plea dismissed as not an arrest of judgment. State v. Unruh, 259 Kan. 822, 824, 915 P.2d 744 (1996).
161. Notice of appeal was sufficient to include trial court's revocation of probation for appellate jurisdiction purposes. State v. Walker, 260 Kan. 803, 806, 926 P.2d 218 (1996).
162. Sufficiency of state's evidence to establish whether state presented prima facie case is not an issue of statewide interest and vital to a correct and uniform administration of criminal law. State v. Wilson, 261 Kan. 924, 926, 933 P.2d 696 (1997).
163. Appeal dismissed for lack of jurisdiction; imposition of consecutive sentences not inconsistent with presumptive sentences and does not constitute departure sentence. State v. Ware, 262 Kan. 180, 182, 938 P.2d 197 (1997).
164. Subsequent prosecution following dismissal not barred as double jeopardy; no evidence heard by trial court in dismissed case. State v. Beerbower, 262 Kan. 248, 249, 250, 936 P.2d 248 (1997).
165. Disallowing enhancement of severity level of drug possession charge for conviction under prior statute reversed and remanded. State v. Crank, 262 Kan. 449, 450, 939 P.2d 890 (1997).
166. Appeal under subsection (b)(1) appropriate for review of prosecutorial misconduct/double jeopardy issue in granting of mistrial. State v. Muck, 262 Kan. 459, 463, 939 P.2d 896 (1997).
167. Prosecution may not expand question reserved in its notice of appeal; appeal of illegal sentence under K.S.A. 22-3504 necessary. State v. Taylor, 262 Kan. 471, 475, 939 P.2d 904 (1997).
168. Appeal upon question reserved; traffic citation not required to be admitted into evidence for charge prosecuted. City of Overland Park v. Povirk, 262 Kan. 531, 941 P.2d 369 (1997).
169. Appeal by state of dismissal of less than all counts in multiple-count complaint dismissed on jurisdictional grounds. State v. Nelson, 263 Kan. 115, 116, 946 P.2d 1355 (1997).
170. Time delay caused by state's unauthorized interlocutory appeal charged to the state for speedy trial purposes. State v. Unruh, 263 Kan. 185, 189, 946 P.2d 1369 (1997).
171. Trial court jury instruction on charge not contained in information violated defendant's substantive due process rights. State v. Thompkins, 263 Kan. 602, 620, 627, 952 P.2d 1338 (1998).
172. Convictions for felony murder and abuse of a child violated prohibition against double jeopardy. State v. Smallwood, 264 Kan. 69, 92, 955 P.2d 1209 (1998).
173. Appellate court lacked jurisdiction to hear presumptive sentence appeal where defendant failed to allege statutory exception. State v. Riles, 24 Kan. App. 2d 827, 831, 956 P.2d 1346 (1998).
174. Dismissal of prosecution appeal which would not provide helpful precedent upheld. State v. Woodling, 264 Kan. 684, 685, 957 P.2d 398 (1998).
175. Order disqualifying counsel from joint representation of multiple criminal defendants is not an appealable order. State v. Donahue, 25 Kan. App. 2d 480, 481, 967 P.2d 335 (1998).
176. Prosecution of charges defendant acquitted of by magistrate court in de novo appeal to district court violates due process and double jeopardy. State v. Derusseau, 25 Kan. App. 2d 544, 545, 966 P.2d 694 (1998).
177. Dismissal following preliminary examination reversed on prosecutorial appeal; de novo review of evidence showed probable cause that defendant sold drugs. State v. Harris, 266 Kan. 610, 613, 975 P.2d 227 (1999).
178. Kansas Supreme Court has jurisdiction directly of appeal from district court order dismissing criminal case. State v. Davis, 266 Kan. 638, 972 P.2d 1099 (1999).
179. Court accepts jurisdiction as issue of statewide interest where constitutionality of admission of laboratory reports is involved. State v. Crow, 266 Kan. 690, 974 P.2d 100 (1999).
180. Granting credit on Kansas sentence for time served in Kentucky on subsequent convictions is not modification of sentence. State v. Cockerham, 266 Kan. 981, 985, 975 P.2d 1204 (1999).
181. Failure to give Miranda warning at beginning of custodial interrogation does not render post warning statements inadmissible. State v. Dang, 267 Kan. 198, 978 P.2d 277 (1999).
182. No double jeopardy violation where court declared mistrial but after conviction in second trial defendant claims mistrial in first trial should have been granted on other issues raised by defendant. State v. Williams, 268 Kan. 1, 7, 988 P.2d 722 (1999).
183. State's cross-appeal of trial court's decision to include affirmative defense to mistreatment of dependent person dismissed for lack of jurisdiction. State v. Young, 26 Kan. App. 2d 680, 684, 11 P.3d 55 (1999).
184. Trial court's holding of district attorney in indirect contempt of court is not a matter which "otherwise would not be subject to appellate review" i.e., 12-1205; court declines jurisdiction. State v. Shively, 268 Kan. 573, 999 P.2d 952 (2000).
185. Appeal may be taken by criminal defendant as matter of right from any adverse judgment in district court; supreme court is final arbiter in determining whether statutory requirements have been met. State v. Boyd, 268 Kan. 600, 999 P.2d 265 (2000).
186. Abuse of discretion by trial court in dismissing all charges with prejudice. State v. Bolen, 270 Kan. 337, 14 P.3d 1270 (2000).
187. Upon revocation of probation, court may impose underlying sentence or any lessor sentence. State v. McGill, 271 Kan. 150, 22 P.3d 597 (2001).
188. As part of plea and sentencing agreement with state defendant voluntarily waived right to appeal. State v. Campbell, 273 Kan. 414, 44 P.3d 349 (2002).
189. Questions reserved by prosecutor are not of statewide interest important to the uniform administration of criminal laws of state. State v. Long, 274 Kan. 1095, 58 P.3d 706 (2002).
190. Court accepts state's appeal as proper question reserved; intervening felony conviction should be scored as part of defendant's criminal history. State v. Hatchel, 31 Kan. App. 2d 725, 71 P.3d 1191 (2003).
191. Revocation of diversion argument is not an appealable order prior to trial. State v. Cameron, 32 Kan. App. 2d 187, 81 P.3d 442 (2003).
192. On question reserved by prosecutor, error for defense counsel to comment on credibility of state's witnesses (a "web of lies") when evidence does not support such comment. State v. Johnson, 32 Kan. App. 2d 619, 86 P.3d 551 (2004).
193. State may appeal dismissal of complaint and also refile charges in municipal court. City of Salina v. Amador 279 Kan. 266, 106 P.3d 1139 (2005).
194. Appeal of state dismissed; issue involved was not of statewide interest, i.e., level of aggravated battery. State v. Tremble, 279 Kan. 391, 109 P.3d 1188 (2005).
195. Motion for judgment of acquittal to be denied if court concludes that a reasonable mind might find defendant guilty beyond a reasonable doubt; however, double jeopardy prevents further prosecution. State v. Coppage, 34 Kan. App. 2d 776, 124 P.3d 511 (2005).
196. Defendant entitled to resentencing under State v. McAdam, 277 Kan. 136, if case was still on direct appeal even though appeal was filed by state. State v. Wendler, 280 Kan. 753, 126 P.3d 1124 (2006).
197. Parties to plea agreement cannot give defendant right to appeal or invest jurisdiction in appellate court. State v. Tryon, 36 Kan. App. 2d 349, 351, 138 P.3d 1259 (2006).
198. Defendant did not move to withdraw plea, issue not properly before appellate court. State v. Thorpe, 36 Kan. App. 2d 475, 477, 141 P.3d 521 (2006).
199. Capital murder defendant is entitled to right of allocation before the sentencing court, not the sentencing jury. State v. Stallings, 284 Kan. 741, 742, 163 P.3d 1232 (2007).
200. Defendant's rights to effective assistance of counsel in direct appeals and petition for review discussed. Kargus v. State, 284 Kan. 908, 914, 915 (2007).
201. Failure of defendant to move to withdraw guilty plea deprives appellate court of jurisdiction to hear claim. State v. Williams, 37 Kan. App. 2d 404, 407, 153 P.3d 566 (2007).
202. Section discussed regarding appeals by prosecution. Casner v. State, 37 Kan. App. 2d 667, 670, 671, 672, 673, 155 P.3d 1202 (2007).
203. Jurisdiction on appeal held sufficient to reserve the question raised by motion to correct alleged illegal sentence; section applies to appeals but does not apply to collateral attack of a sentence. State v. McCarley, 38 Kan. App. 2d 165, 169, 170, 171, 166 P.3d 418 (2007).
204. Judgment from a sentence is a separate judgment from a probation revocation order. State v. Inkelaar, 38 Kan. App. 2d 312, 318, 164 P.3d 844 (2007).
205. Departure sentence could be appealed under K.S.A. 21-4721 in lieu of question reserved under K.S.A. 22-3602. State v. Moffit, 38 Kan. App. 2d 414, 166 P.3d 435 (2007).
206. When individual completes incarceration or probation, trial court has no jurisdiction over unpaid restitution, civil action necessary thereafter. State v. Vasquez, 38 Kan. App. 2d 680, 681, 682, 170 P.3d 910 (2007).
207. Court of appeals erroneously dismissed question reserved by the prosecution. State v. Skolaut, 286 Kan. 219, 222 to 224, 182 P.3d 1231 (2008).
208. Cited; trial court had jurisdiction to correct illegal sentence that favored defendant. State v. McCarley, 287 Kan. 167, 171, 195 P.3d 230 (2008).
209. State has a right to appeal court's K.S.A. 60-1507 action under K.S.A. 60-2102(a)(4); K.S.A. 22-3602(b) not applicable in this case. McHenry v. State, 39 Kan. App. 2d 117, 119, 177 P.3d 981 (2008).
210. Prohibition against appeals under K.S.A. 22-3602(a) does not apply to pleas accepted in municipal court. State v. Gillen, 39 Kan. App. 2d 461, 467, 181 P.3d 564 (2008).
211. Cited in opinion discussing compatibility of K.S.A. 8-1567(h) and 21-3608a. State v. Cott, 39 Kan. App. 2d 950, 186 P.3d 826 (2008).
212. Cited; person required to register under Kansas offender registration act criminally liable even though sheriff failed certain duties. State v. Anderson, 40 Kan. App. 2d 69, 72, 188 P.3d 38 (2008).
213. On question reserved, it is held that K.S.A. 22-4903 is not a specific intent crime. In re C.P.W. 289 Kan. 448, 213 P.3d 413 (2009).
214. Jurisdiction accepted on question reserved by state; after sentencing district court cannot modify, exceptions. State v. Trostle, 41 Kan. App. 2d 98, 201 P.3d 724 (2009).
215. State not entitled to appeal granting of new trial; charged crimes did not qualify. Moll v. State, 41 Kan. App. 2d 677, 204 P.3d 659 (2009).
216. State has no right to appeal an order granting probation in juvenile and criminal cases; questions reserved discussed. In re E.F., 41 Kan. App. 2d 860, 205 P.3d 787 (2009).
217. No formal steps are required for state to appeal on a question reserved, except a proper objection. State v. Toler, 41 Kan. App. 2d 896, 206 P.3d 548 (2009).
218. K.S.A. 22-3602(b)(1) permits a city to appeal the dismissal of its prosecution. City of Wichita v. Bannon, 42 Kan. App. 2d 196, 209 P.3d 207 (2009).
219. When the State appeals the dismissal of complaint, the time during an appeal shall not count against the State for speedy trial purposes. State v. Blizzard, 43 Kan. App. 2d 418, 225 P.3d 773 (2010).
220. Appellate court has no jurisdiction to consider the state's appeal from Van Cleave ruling. State v. Elnicki, 43 Kan. App. 2d 555, 228 P.3d 1087 (2010).
221. As trial court's order dismissing drug possession charge against defendant was not a judgment of acquittal and entered before trial, double jeopardy did not bar state's appeal of order. State v. Roberts, 293 Kan. 29, 259 P.3d 691 (2011).
222. No appellate jurisdiction for a direct appeal of a felony conviction after a guilty or no contest plea. State v. Key, 298 Kan. 315, 312 P.3d 355 (2013).
223. A criminal defendant's misinformation from counsel about the applicable law during plea negotiations constitutes good cause to withdraw a no contest plea. State v. Kenney, 299 Kan. 389, 323 P.3d 1288 (2014).
224. The state may bring a question-reserved appeal only on issues of "statewide interest important to the correct and uniform administration of the criminal law and the interpretation of statutes." State v. LaPointe, 305 Kan. 938, 944, 390 P.3d 7 (2017).
225. Appellate court has jurisdiction to consider defendant's appeal of district court's order requiring defendant to register under the Kansas offender registration act, even if defendant has pleaded nolo contendere to the underlying offense. State v. Marinelli, 307 Kan. 768, 787-88, 415 P.3d 405 (2018).
226. Appellate courts do not have jurisdiction to consider the state's appeal solely on the claim that a sentence is illegal under K.S.A. 22-3604 because jurisdiction must arise from K.S.A. 22-3602. State v. McCroy, 57 Kan. App. 2d 643, 649, 458 P.3d 988 (2020).
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