State v. Zimmer, 70309
| Decision Date | 13 May 1994 |
| Docket Number | No. 70309,70309 |
| Citation | 19 Kan.App.2d 617,873 P.2d 1381 |
| Parties | STATE of Kansas, Appellee, v. Martin ZIMMER, Appellant. |
| Court | Kansas Court of Appeals |
Syllabus by the Court
1. It is the duty of the appellate courts to decide actual controversies by a judgment that can be carried into effect and not to give opinions upon moot questions or abstract propositions or to declare principles which cannot affect the matter in issue before the court.
2. Even though the issues in a particular appeal may be moot, if the issues are capable of repetition and are of extreme public importance then the appeal may be considered and an opinion rendered.
3. K.S.A.1993 Supp. 22-3429 applies only to a defendant who has been convicted and who has yet to be sentenced.
Tracy J. Thull, Cawker City, for appellant.
William L. Navis and William R. Ludwig, County Attys., and Robert T. Stephan, Atty. Gen., for appellee.
Before GREEN, P.J., ROYSE, J., and JAMES W. BOUSKA, District Judge, assigned.
Martin Zimmer, defendant, appeals the district court's judgment committing him to Larned State Security Hospital (LSH).
Zimmer pled guilty to six misdemeanor counts of giving a worthless check. The district court sentenced Zimmer to serve 180 days in the county jail. Because defendant refused to take his daily medication for diabetes and to eat his food, the county attorney filed a motion to modify Zimmer's sentence and to commit him to LSH for a mental examination. After a hearing, the magistrate judge modified defendant's sentence and committed him to LSH under K.S.A.1993 Supp. 22-3429.
Following that ruling, defendant timely appealed to the district court, which affirmed the decision of the magistrate judge. The district court further ordered defendant to remain at LSH either until his sentence expired or until a report was issued by LSH in accordance with K.S.A.1993 Supp. 22-3431.
Defendant then timely appealed, claiming his commitment to LSH was improper.
After LSH determined defendant needed no psychiatric care, he was released and returned to the county jail to serve the remainder of his sentence. Defendant has completed his sentence and has been released.
Because defendant has already been discharged from LSH and has completed his sentence, the State argues defendant's appeal is moot.
Inasmuch as we decide actual controversies and issue judgments to be carried into effect, and we decline to give opinions on moot questions or abstract propositions, or declare principles which cannot affect the matter in issue, we conclude a defendant must present an actual controversy that requires adjudication. See Miller v. Insurance Management Assocs., Inc., 249 Kan. 102, 109, 815 P.2d 89 (1991); City of Roeland Park v. Cross, 229 Kan. 269, 270, 623 P.2d 1332 (1981). Here, defendant requests us to declare his commitment to LSH was improper. Nevertheless, since his appeal, defendant has been discharged from LSH because it was determined he was not a danger to himself or others. Although clearly a controversy existed when defendant was committed to LSH, we believe this controversy no longer exists because of his release from LSH. As a consequence, defendant's appeal appears moot.
Nevertheless, because the issue raised by defendant's appeal is capable of being repeated and is of extreme public importance, we conclude defendant's issue satisfies the public interest exception for mootness. See Gibbons v. Brotherhood of Railway, Airline & Steamship Clerks, 227 Kan. 557, 608 P.2d 1320 (1980); Reece Shirley & Ron's, Inc. v. Retail Store Employees Union & Local 782, 225 Kan. 470, 592 P.2d 433 (1979). First, this case involves the interpretation of Kansas penal statutes that apply to individuals subject to criminal sentencing. Second, appeals from misapplication of these statutes will generally become moot before any appellate review. Third, future misapplication of these statutes is capable of being repeated. Fourth, the curtailment of future misapplication of these statutes is of extreme public importance.
Interpretation of a statute is a question of law. Therefore, we have an unlimited review over the district court's...
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