City of Overland Park v. Mann

Court of Appeals of Kansas

City of Overland Park v. Mann

856 P.2d 523, 18 Kan. App. 2d 595, 1993 Kan. App. LEXIS 85

CourtCourt of Appeals of Kansas

DecidedJuly 23, 1993

DocketNo. 69,008

StatusPublished

This text of 856 P.2d 523 (City of Overland Park v. Mann) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Overland Park v. Mann, 856 P.2d 523, 18 Kan. App. 2d 595, 1993 Kan. App. LEXIS 85 (kanctapp 1993).

Pincite

Opinion

Lorentz, J.:

Timothy Mann appeals from the order of the district court finding him guilty of violating five municipal ordinances and from the sentence imposed by the district court.

Mann contends the district court erred in failing to provide him the opportunity to speak before sentence was imposed, in violation of K.S.A. 22-3422 and K.S.A. 1992 Supp. 22-3424(4).

We have reviewed the record on appeal and find that Mann was not given the opportunity to speak before sentence was imposed. This opportunity is required by State v. Heide, 249 Kan. 723, 730, 822 P.2d 59 (1991). We extend the reasoning of Heide to cases on appeal from municipal court. The failure to afford Mann the opportunity to speak before sentence was imposed requires us to vacate his sentence and remand for resentencing.

Sentence vacated and case remanded for resentencing.

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