[Download] "State v. Dunham" by Supreme Court of Kansas # eBook PDF Kindle ePub Free

July 06, 2021

eBook details

Title: State v. Dunham
Author : Supreme Court of Kansas
Release Date : January 08, 1972
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

The opinion of the court was delivered by On October 8, 1971, defendant was convicted on a plea of guilty of taking indecent liberties with a ward as defined in K.S.A. 1972 Supp. 21-3504. The imposition of sentence was suspended and defendant granted probation. On October 21, 1971, the state filed a motion for revocation of defendant's probation. After a full hearing on November 18, 1971, probation was revoked. The matter was then continued and a sentencing hearing was scheduled for December 16, 1971, after which defendant was sentenced to a term of five years pursuant to the provisions of K.S.A. 1972 Supp. 21-4501 (b). Thereafter defendant filed a motion to set aside his plea of guilty. The date of the filing is not shown. Hearings were had on this motion on April 10, 13 and 18, 1972. In the meantime defendant filed a new application for probation. Testimony was submitted at all three hearings. At the conclusion of the hearing on April 18, the trial court overruled defendant's motion to set aside his plea and denied his application for probation. Defendant appeals from his judgment of conviction, the order revoking the probation, and the overruling of his motion to withdraw his plea. The state has filed a motion to dismiss the appeal and strenuously argues that appeal by defendant after a plea of guilty is precluded by the provisions of K.S.A. 1972 Supp. 22-3601. Insofar as defendant's appeal from his conviction is concerned the state is on solid ground. We have held that 22-3601 expressly precludes appellate review in criminal cases where the defendant pled guilty after July 1, 1970, and that this court has no jurisdiction of such a purported appeal. (State v. Scott, 211 Kan. 68, 505 P.2d 703; and [213 Kan. 471]