22-3601. Appellate jurisdiction of court of appeals and supreme court in criminal cases.

336 words·~2 min read·/ks/chapter-22/22-3601

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken to the court of appeals, except in those cases reviewable by law in the district court or in which a direct appeal to the supreme court is required. Whenever an interlocutory appeal is permitted in a criminal case in the district court, such appeal shall be taken to the court of appeals.

(b)Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken directly to the supreme court in the following cases:

(1)Any case in which a statute of this state or of the United States has been held unconstitutional;

(2)any case in which the defendant has been convicted of a class A felony;

(3)any case in which a maximum sentence of life imprisonment has been imposed, unless the maximum sentence has been imposed pursuant to K.S.A. 21-4643 , prior to its repeal, or K.S.A. 21-6627 , and amendments thereto; and

(4)except as provided further, any case in which the crime was committed on or after July 1, 1993, and the defendant has been convicted of an off-grid crime. The provisions of this paragraph shall not apply to any case in which the off-grid crime was:

(A)Aggravated human trafficking, K.S.A. 21-5426 (c)(3), and amendments thereto;

(B)rape, K.S.A. 21-5503 (b)(2)(B), and amendments thereto;

(C)aggravated criminal sodomy, K.S.A. 21-5504 (c)(2)(B)(ii), and amendments thereto;

(D)aggravated indecent liberties with a child, K.S.A. 21-5506 (c)(2)(C)(ii), and amendments thereto;

(E)sexual exploitation of a child, K.S.A. 21-5510 (b)(2)(B), and amendments thereto;

(F)aggravated internet trading in child pornography, K.S.A. 21-5514 (c)(3), and amendments thereto;

(G)commercial sexual exploitation of a child, K.S.A. 21-6422 (b)(2), and amendments thereto; or

(H)an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301 , 21-5302 or 21-5303 , and amendments thereto, of any such felony.