State v. LaPointe
Annotate this CaseAfter a jury trial, Defendant was convicted of aggravated robbery and aggravated assault. The district court sentenced Defendant to 245 months’ imprisonment. The court of appeals affirmed. Defendant later filed a request for postconviction DNA testing pursuant to Kan. Stat. Ann. 21-2512(a). The district court entered an order granting postconviction DNA testing. Before the testing was conducted and before any posttesting court proceedings were completed, the State brought an appeal “upon a question reserved” pursuant to Kan. Stat. Ann. 22-3602(b)(3). The court of appeals concluded that it lacked jurisdiction over the appeal because there had been no final judgment when the State appealed. The Supreme Court affirmed, holding that the district court’s order granting testing was not a final order and could not be appealed by the State upon a question reserved, and therefore, the court of appeals lacked jurisdiction to hear the merits of the case.
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