22-3602. Appeals by defendant, when; appeals by prosecution; transfers to supreme court.
22-3602
22-3602. Appeals by defendant, when; appeals byprosecution;transfers to supreme court.(a) Except as otherwise provided, an appeal to the appellate courthaving jurisdiction of the appealmay be taken by the defendant as a matter of right from any judgmentagainst the defendant in the district court and upon appeal anydecision of the district court or intermediate order made in theprogress of the case may be reviewed. No appeal shall betaken by the defendant from a judgment of conviction before a districtjudge upon a plea of guilty or nolocontendere, except that jurisdictional or other grounds going to thelegality of the proceedings may be raised by the defendant as providedin K.S.A. 60-1507 and amendments thereto.
(b) Appeals to the court of appeals may be taken by the prosecution fromcasesbefore a district judge as a matter of right in the following cases, and noothers:
(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 Bfelony or for crimes committed on or after July 1, 1993, in any caseinvolving an off-grid crime.
(c) Procedures for appeals by the prosecution enumerated in subsection (b)shall beas provided in supreme court rules.
(d) Appeals to a district judge may betaken by the prosecution from cases before a district magistrate judgeas a matter of right in the cases enumerated in subsection (b) and fromorders enumerated in K.S.A. 22-3603 and amendments thereto.
(e) Any criminal case on appeal to the court of appeals maybetransferred to the supreme court as provided in K.S.A.20-3016 and 20-3017, and amendments thereto, and any party to such casemay petition the supremecourt for review of any decision of the court of appeals as provided insubsection (b) of K.S.A. 20-3018 and amendments thereto, except that any suchpartymay appeal to the supreme court as a matter of right in any case inwhich a question under the constitution of either the United States orthe state of Kansas arises for the first time as a result of thedecision of the court of appeals.
(f) For crimes committed on or after July 1, 1993, anappeal by theprosecution or the defendant relating to sentences imposed pursuant to apresumptive sentencing guidelines system as provided in K.S.A.21-4701 et seq. andamendments thereto, shall be as provided in K.S.A. 21-4721and 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; July 1.