kansas appellate practice handbook - Kansas Judicial Branch

Appellate Jurisdiction 5-21
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From an order denying authorization to prosecute a juvenile
as an adult. K.S.A. 38-2381(a)(2);
From an order quashing a warrant or search warrant. K.S.A.
38-2381(a)(3);
From an order suppressing evidence or suppressing a
confession or admission. K.S.A. 38-2381(a)(4); and
Upon a question reserved by the prosecution. K.S.A. 38-
2381(a)(5).
An appeal upon a question reserved must be taken by the prosecution
within 14 days after the juvenile has been adjudged to be a juvenile offender.
All other appeals by the prosecution must be taken within 14 days of the
entry of the order being appealed. K.S.A. 38-2381(b).
The Revised Kansas Juvenile Justice Code does not permit an
appeal of the denial of a postappeal motion that collaterally attacked the
procedure employed to adjudicate the juvenile. In re D.M.-T., 292 Kan.
31, Syl. 4.
§ 5.15 Sentencing Guideline Appeals - Juvenile
In any appeal of a departure sentence, sentence review is limited
to whether the sentencing court’s findings of fact and reasons justifying
the departure are supported by the evidence in the record and constitute
“substantial and compelling reasons for departure.” K.S.A. 38-2380(b)(3)(A)
and (B). In addition, the appellate court may review a claim that the
departure sentence was the result of partiality, prejudice or corrupt motive
or that the sentencing court erred in including or excluding recognition of
prior adjudications in determining criminal history or erred in ranking the
crime severity level of the current crime or in determining the appropriate
classification of a prior adjudication. K.S.A. 38-2380(b)(4)(A) and (B).
An appellate court may not review a presumptive sentence or a
sentence resulting from an agreement between the State and the juvenile
that the sentencing court approves on the record. K.S.A. 38-2380(b)(2)(A)
and (B). But see State v. Duncan, 291 Kan. 467, 470–71, 243 P.3d 338
(2010) (criminal sentences resulting from plea agreement can be appealed
if illegal).
2013