State v. McCroy
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The Supreme Court affirmed the decision of the court of appeal dismissing the State's appeal in this criminal case for lack of jurisdiction, holding that a district court's noncompliance with Kan. Stat. Ann. 22-3716 does not fall within the scope of Kan. Stat. Ann. 22-3504.
The district court ordered Defendant to serve a second prison sanction for violating the conditions of his probation. The State brought an appeal, arguing that the sanction constituted an illegal sentence because it did not comply with the graduated sanctioning scheme set forth in section 22-3716. The court of appeals dismissed the appeal for lack of jurisdiction, concluding that appellate courts are not vested with jurisdiction to hear the State's appeal of an illegal sentence. The Supreme Court affirmed on different grounds, holding (1) Kan. Stat. Ann. 22-3504 vests appellate courts with jurisdiction to hear the State's appeal of an illegal sentence; but (2) a district court's noncompliance with section 22-3716 does not fall within the scope of section 22-3504, and no other statute provides a possible jurisdictional basis.
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