State v. G.W.A., 72844
Decision Date | 08 December 1995 |
Docket Number | No. 72844,72844 |
Citation | 258 Kan. 703,906 P.2d 657 |
Parties | STATE of Kansas, Appellant, v. G.W.A., Appellee. |
Court | Kansas Supreme Court |
Syllabus by the Court
1. The State may not appeal from a judgment of acquittal.
2. On a question reserved, the State must furnish a sufficient record to permit review. In so doing, the State must lodge proper and timely objections, advise the trial court of the basis for the objections, and properly perfect the appeal.
3. It is a fundamental proposition of Kansas appellate procedure that an appellate court obtains jurisdiction over the rulings identified in the notice of appeal.
Stephen F. Howe, Assistant District Attorney, argued the cause, and Karen L. Torline, Assistant District Attorney, Jon E. Thornbrugh, legal intern, Paul J. Morrison, District Attorney, and Carla J. Stovall, Attorney General, were on the brief, for appellant.
Steven R. Zinn, Deputy Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, was with him on the brief, for appellee.
This is a direct appeal by the State from the trial court's judgment of acquittal. We find the dispositive fact to be that the State did not properly reserve the question for appeal.
Highly summarized, the defendant was previously adjudicated as a juvenile offender because he made a terroristic threat. The court ordered the defendant placed in the Youth Center at Topeka. While awaiting transportation to Topeka, the defendant was placed in the Johnson County Juvenile Hall. He escaped, was recaptured, and was charged with aggravated escape from custody pursuant to K.S.A. 1994 Supp. 21-3810(a). The defendant stipulated to a waiver of juvenile jurisdiction and agreed to be tried as an adult by a jury.
To be convicted of aggravated escape, K.S.A. 1994 Supp. 21-3810(a) requires that the defendant escape while being held in custody "upon a ... conviction of felony." At the close of the State's case, the defendant moved for a judgment of acquittal, contending that the State had not proven one element of the crime of aggravated escape. The trial court agreed, finding that the defendant was being held as a juvenile offender, not upon a conviction as a felon, and entered a judgment of acquittal. The following colloquy then took place:
The State then filed a timely notice of appeal, which states:
Six days after the notice of appeal was filed, the district court filed a journal entry of judgment, which states in pertinent part:
Kansas case law makes it clear that the State may not appeal from a judgment of acquittal. State v. Crozier, 225 Kan. 120, Syl. p 4, 587 P.2d 331 (1978). However, the State may appeal on a question reserved. K.S.A. 1994 Supp. 22-3602(b)(3).
In State v. V.F.W. Post No. 3722, 215 Kan. 693, 694, 527 P.2d 1020 (1974), the defendant moved to dismiss the State's appeal, contending that the State failed to properly reserve the question for appeal. This court considered and rejected the defendant's motion, finding that no formal procedural steps are required by 22-3602 to reserve a question for appeal. However, the court pointed out that, in reserving the appeal, the State must furnish a sufficient record to permit review and "[t]his requires proper and timely objections be lodged, the trial court be advised of the basis for the objections and the appeal be properly perfected." 215 Kan. at 695, 527 P.2d 1020.
In State v. Marek, 129 Kan. 830, 834, 284 Pac. 424 (1930), this court held:
In Marek, the State properly reserved the questions for appeal because it clearly excepted two of the issues and specifically objected to remarks made by the trial judge. 129 Kan. at 831, 834, 284 Pac. 424.
The defendant recognizes that no formal procedural steps are required to reserve a question for appeal. However, the defendant argues that a defendant must lay the foundation for his or her appeal by filing a notice of appeal which gives the appellate court jurisdiction to hear the appeal. See State v. Grant, 19 Kan.App.2d 686, 875 P.2d 986, rev. denied 255 Kan. 1005 (1994) (...
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