Session of 1999
By Committee on Judiciary

  9             AN  ACT concerning crimes, criminal procedure and punishment; relat-
10             ing to appeals; amending K.S.A. 22-3602 and repealing the existing
11             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.; or
33             (5) from an order granting a motion for judgment of acquittal.
34             (c) Appeals to a district judge may be taken by the prosecution from
35       cases before a district magistrate judge as a matter of right in the cases
36       enumerated in subsection (b) and from orders enumerated in K.S.A. 22-
37       3603 and amendments thereto.
38             (d) Any criminal case on appeal to the court of appeals may be trans-
39       ferred to the supreme court as provided in K.S.A. 20-3016 and 20-3017,
40       and amendments thereto, and any party to such case may petition the
41       supreme court for review of any decision of the court of appeals as pro-
42       vided in subsection (b) of K.S.A. 20-3018 and amendments thereto, ex-
43       cept that any such party may appeal to the supreme court as a matter of

SB 263


  1       right in any case in which a question under the constitution of either the
  2       United States or the state of Kansas arises for the first time as a result of
  3       the decision of the court of appeals.
  4             (e) For crimes committed on or after July 1, 1993, an appeal by the
  5       prosecution or the defendant relating to sentences imposed pursuant to
  6       a presumptive sentencing guidelines system as provided in K.S.A. 21-4701
  7       et seq. and amendments thereto, shall be as provided in K.S.A. 21-4721
  8       and amendments thereto. 
  9       Sec.  2. K.S.A. 22-3602 is hereby repealed.
10        Sec.  3. This act shall take effect and be in force from and after its
11       publication in the statute book.