38-2380.Orders appealable by juvenile; appeal ofdeparture sentence, procedure.(a) Order authorizing prosecution as an adult orextended jurisdiction juvenileprosecution. (1) Unless the juvenile offender has consented to theorder, a juvenile offender maytake an appeal from an order authorizing prosecution as an adult. The appealshall be taken only afterconviction as an adult and in the same manner as criminal appeals, except thatwhere theprosecution has resulted in a judgment of conviction upon a plea of guilty ornolo contendere, anappeal may be taken from the order authorizing prosecution pursuant to K.S.A.2009 Supp. 38-2347, and amendments thereto, notwithstanding the provisions ofsubsection (a) of K.S.A. 22-3602, and amendments thereto.
(2) If on appeal the order authorizing prosecution as an adult is reversedbut the finding ofguilty is affirmed or the conviction was based on a plea of guilty or nolocontendere, the juvenileshall be deemed adjudicated to be a juvenile offender. On remand the districtcourt shall proceedwith sentencing.
(b) Orders of adjudgment and sentencing. The juvenile offendermay appeal from an orderof adjudication or sentencing, or both. The appeal shall be pursuant to K.S.A.2009 Supp. 38-2382, and amendments thereto.
(1) Pending review of the sentence, the sentencing court or the appellatecourt may order thejuvenile confined or placed on conditional release, including bond.
(2) On appeal from a judgment or conviction entered for an offense committedon or afterJuly 1, 1999, the appellate court shall not review:
(A) Any sentence that is within the presumptive sentence for the crime; or
(B) any sentence resulting from an agreement between the state and thejuvenile which thesentencing court approves on the record.
(3) In any appeal from a judgment of conviction imposing a sentence thatdeparts from thepresumptive sentence, sentence review shall be limited to whether thesentencing court's findingsof fact and reasons justifying a departure:
(A) Are supported by the evidence in the record; and
(B) constitute substantial and compelling reasons for departure.
(4) In any appeal, the appellate court may review a claim that:
(A) A sentence that departs from the presumptive sentence resulted frompartiality,prejudice, oppression or corrupt motive;
(B) the sentencing court erred in either including or excluding recognitionof priorconvictions or adjudications; or
(C) the sentencing court erred in ranking the crime severity level of thecurrent crime or indetermining the appropriate classification of a prior conviction or juvenileadjudication for criminalhistory purposes.
(5) The appellate court may reverse or affirm the sentence. If the appellatecourt concludesthat the trial court's factual findings are not supported by evidence in therecord or do not establishsubstantial and compelling reasons for a departure, it shall remand the case tothe trial court forresentencing.
(6) The appellate court shall issue a written opinion whenever the judgmentof the sentencingcourt is reversed. The court may issue a written opinion in any other case whenit is believed that awritten opinion will provide guidance to sentencing judges and others inimplementing theplacement. The appellate courts may provide by rule for summary disposition ofcases arising underthis section when no substantial question is presented by the appeal.
(7) A review under summary disposition shall be made solely upon the recordthat wasbefore the sentencing court. Written briefs shall not be required unlessordered by the appellate courtand the review and decision shall be made in an expedited manner according torules adopted by thesupreme court.
(c) Priority. Appeals under this section shall have priority overother cases except thosehaving statutory priority.
38-2380.Orders appealable by juvenile; appeal ofdeparture sentence, procedure.(a) Order authorizing prosecution as an adult orextended jurisdiction juvenileprosecution. (1) Unless the juvenile offender has consented to theorder, a juvenile offender maytake an appeal from an order authorizing prosecution as an adult. The appealshall be taken only afterconviction as an adult and in the same manner as criminal appeals, except thatwhere theprosecution has resulted in a judgment of conviction upon a plea of guilty ornolo contendere, anappeal may be taken from the order authorizing prosecution pursuant to K.S.A.2009 Supp. 38-2347, and amendments thereto, notwithstanding the provisions ofsubsection (a) of K.S.A. 22-3602, and amendments thereto.
(2) If on appeal the order authorizing prosecution as an adult is reversedbut the finding ofguilty is affirmed or the conviction was based on a plea of guilty or nolocontendere, the juvenileshall be deemed adjudicated to be a juvenile offender. On remand the districtcourt shall proceedwith sentencing.
(b) Orders of adjudgment and sentencing. The juvenile offendermay appeal from an orderof adjudication or sentencing, or both. The appeal shall be pursuant to K.S.A.2009 Supp. 38-2382, and amendments thereto.
(1) Pending review of the sentence, the sentencing court or the appellatecourt may order thejuvenile confined or placed on conditional release, including bond.
(2) On appeal from a judgment or conviction entered for an offense committedon or afterJuly 1, 1999, the appellate court shall not review:
(A) Any sentence that is within the presumptive sentence for the crime; or
(B) any sentence resulting from an agreement between the state and thejuvenile which thesentencing court approves on the record.
(3) In any appeal from a judgment of conviction imposing a sentence thatdeparts from thepresumptive sentence, sentence review shall be limited to whether thesentencing court's findingsof fact and reasons justifying a departure:
(A) Are supported by the evidence in the record; and
(B) constitute substantial and compelling reasons for departure.
(4) In any appeal, the appellate court may review a claim that:
(A) A sentence that departs from the presumptive sentence resulted frompartiality,prejudice, oppression or corrupt motive;
(B) the sentencing court erred in either including or excluding recognitionof priorconvictions or adjudications; or
(C) the sentencing court erred in ranking the crime severity level of thecurrent crime or indetermining the appropriate classification of a prior conviction or juvenileadjudication for criminalhistory purposes.
(5) The appellate court may reverse or affirm the sentence. If the appellatecourt concludesthat the trial court's factual findings are not supported by evidence in therecord or do not establishsubstantial and compelling reasons for a departure, it shall remand the case tothe trial court forresentencing.
(6) The appellate court shall issue a written opinion whenever the judgmentof the sentencingcourt is reversed. The court may issue a written opinion in any other case whenit is believed that awritten opinion will provide guidance to sentencing judges and others inimplementing theplacement. The appellate courts may provide by rule for summary disposition ofcases arising underthis section when no substantial question is presented by the appeal.
(7) A review under summary disposition shall be made solely upon the recordthat wasbefore the sentencing court. Written briefs shall not be required unlessordered by the appellate courtand the review and decision shall be made in an expedited manner according torules adopted by thesupreme court.
(c) Priority. Appeals under this section shall have priority overother cases except thosehaving statutory priority.
38-2380.Orders appealable by juvenile; appeal ofdeparture sentence, procedure.(a) Order authorizing prosecution as an adult orextended jurisdiction juvenileprosecution. (1) Unless the juvenile offender has consented to theorder, a juvenile offender maytake an appeal from an order authorizing prosecution as an adult. The appealshall be taken only afterconviction as an adult and in the same manner as criminal appeals, except thatwhere theprosecution has resulted in a judgment of conviction upon a plea of guilty ornolo contendere, anappeal may be taken from the order authorizing prosecution pursuant to K.S.A.2009 Supp. 38-2347, and amendments thereto, notwithstanding the provisions ofsubsection (a) of K.S.A. 22-3602, and amendments thereto.
(2) If on appeal the order authorizing prosecution as an adult is reversedbut the finding ofguilty is affirmed or the conviction was based on a plea of guilty or nolocontendere, the juvenileshall be deemed adjudicated to be a juvenile offender. On remand the districtcourt shall proceedwith sentencing.
(b) Orders of adjudgment and sentencing. The juvenile offendermay appeal from an orderof adjudication or sentencing, or both. The appeal shall be pursuant to K.S.A.2009 Supp. 38-2382, and amendments thereto.
(1) Pending review of the sentence, the sentencing court or the appellatecourt may order thejuvenile confined or placed on conditional release, including bond.
(2) On appeal from a judgment or conviction entered for an offense committedon or afterJuly 1, 1999, the appellate court shall not review:
(A) Any sentence that is within the presumptive sentence for the crime; or
(B) any sentence resulting from an agreement between the state and thejuvenile which thesentencing court approves on the record.
(3) In any appeal from a judgment of conviction imposing a sentence thatdeparts from thepresumptive sentence, sentence review shall be limited to whether thesentencing court's findingsof fact and reasons justifying a departure:
(A) Are supported by the evidence in the record; and
(B) constitute substantial and compelling reasons for departure.
(4) In any appeal, the appellate court may review a claim that:
(A) A sentence that departs from the presumptive sentence resulted frompartiality,prejudice, oppression or corrupt motive;
(B) the sentencing court erred in either including or excluding recognitionof priorconvictions or adjudications; or
(C) the sentencing court erred in ranking the crime severity level of thecurrent crime or indetermining the appropriate classification of a prior conviction or juvenileadjudication for criminalhistory purposes.
(5) The appellate court may reverse or affirm the sentence. If the appellatecourt concludesthat the trial court's factual findings are not supported by evidence in therecord or do not establishsubstantial and compelling reasons for a departure, it shall remand the case tothe trial court forresentencing.
(6) The appellate court shall issue a written opinion whenever the judgmentof the sentencingcourt is reversed. The court may issue a written opinion in any other case whenit is believed that awritten opinion will provide guidance to sentencing judges and others inimplementing theplacement. The appellate courts may provide by rule for summary disposition ofcases arising underthis section when no substantial question is presented by the appeal.
(7) A review under summary disposition shall be made solely upon the recordthat wasbefore the sentencing court. Written briefs shall not be required unlessordered by the appellate courtand the review and decision shall be made in an expedited manner according torules adopted by thesupreme court.
(c) Priority. Appeals under this section shall have priority overother cases except thosehaving statutory priority.
