Session of 1999
HOUSE BILL No. 2208
By Committee on Judiciary
9 AN ACT concerning crimes and criminal procedure; relating to appeals
10 taken from judgments of acquittal granted by district courts; amending
11 K.S.A. 22-3602 and repealing the existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 22-3602 is hereby amended to read as follows: 22-
15 3602. (a) Except as otherwise provided, an appeal to the appellate court
16 having jurisdiction of the appeal may be taken by the defendant as a
17 matter of right from any judgment against the defendant in the district
18 court and upon appeal any decision of the district court or intermediate
19 order made in the progress of the case may be reviewed. No appeal shall
20 be taken by the defendant from a judgment of conviction before a district
21 judge upon a plea of guilty or nolo contendere, except that jurisdictional
22 or other grounds going to the legality of the proceedings may be raised
23 by the defendant as provided in K.S.A. 60-1507 and amendments thereto.
24 (b) Appeals to the supreme court may be taken by the prosecution
25 from cases before a district judge as a matter of right in the following
26 cases, and no others:
27 (1) From an order dismissing a complaint, information or indictment;
28 (2) from an order arresting judgment;
29 (3) upon a question reserved by the prosecution; or
30 (4) upon an order granting a new trial in any case involving a class A
31 or B felony or for crimes committed on or after July 1, 1993, in any case
32 involving an off-grid crime.
33 (c) In felony criminal cases tried to juries, the prosecution may appeal
34 to the court of appeals if the district court has granted a judgment of
35 acquittal for the defendant, whether such order is made before or after
36 the case has been submitted to the jury. Any party aggrieved by a resulting
37 decision of the court of appeals may petition the supreme court for dis-
38 cretionary review.
(c) (d) Appeals to a district judge may be taken by the prosecution
40 from cases before a district magistrate judge as a matter of right in the
41 cases enumerated in subsection (b) and from orders enumerated in K.S.A.
42 22-3603 and amendments thereto.
(d) (e) Any criminal case on appeal to the court of appeals may be
44 transferred to the supreme court as provided in K.S.A. 20-3016 and 20-
45 3017, and amendments thereto, and any party to such case may petition
46 the supreme court for review of any decision of the court of appeals as
47 provided in subsection (b) of K.S.A. 20-3018 and amendments thereto,
48 except that any such party may appeal to the supreme court as a matter
49 of right in any case in which a question under the constitution of either
50 the United States or the state of Kansas arises for the first time as a result
51 of the decision of the court of appeals.
(e) (f) For crimes committed on or after July 1, 1993, an appeal by
53 the prosecution or the defendant relating to sentences imposed pursuant
54 to a presumptive sentencing guidelines system as provided in K.S.A. 21-
55 4701 et seq. and amendments thereto, shall be as provided in K.S.A. 21-
56 4721 and amendments thereto.
57 Sec. 2. K.S.A. 22-3602 is hereby repealed.
58 Sec. 3. This act shall take effect and be in force from and after its
59 publication in the statute book.