State v. Parks-Maki

CourtCourt of Appeals of Kansas
DecidedJuly 2, 2026
Docket128174
StatusUnpublished

This text of State v. Parks-Maki (State v. Parks-Maki) 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
State v. Parks-Maki, (kanctapp 2026).

Opinion

NOT DESIGNATED FOR PUBLICATION

No. 128,174

IN THE COURT OF APPEALS OF THE STATE OF KANSAS

STATE OF KANSAS, Appellee,

v.

DYLAN NATHANIEL PARKS-MAKI, Appellant.

MEMORANDUM OPINION

Appeal from Linn District Court; ANDREA PURVIS, judge. Submitted without oral argument. Opinion filed July 2, 2026. Affirmed.

Randall L. Hodgkinson, of Kansas Appellate Defender Office, for appellant.

Natalie Chalmers, principal assistant solicitor general, and Kris W. Kobach, attorney general, for appellee.

Before WARNER, C.J., ATCHESON and CLINE, JJ.

PER CURIAM: Dylan Parks-Maki pleaded no contest to intentional second-degree murder for the killing of Dawn Rosso. During the time between his plea hearing and sentencing, Parks-Maki moved to withdraw the plea, claiming he did not understand its consequences when he entered the plea agreement. The district court held an evidentiary hearing, where the same judge who presided over the plea hearing heard testimony from Parks-Maki and his former attorney regarding the plea. The court denied the motion and imposed a prison sentence.

1 Parks-Maki now appeals, challenging the court's denial of his motion to withdraw his plea as well as several aspects of the pretrial proceedings in the three years leading up to the plea agreement. After carefully reviewing the record and the parties' arguments, we affirm the district court's denial of Parks-Maki's motion. We do not reach his other challenges because Parks-Maki waived those claims and defenses by entering his plea.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2020, the State charged Parks-Maki with intentional second-degree murder, aggravated battery of a law enforcement officer, and interference with law enforcement. The parties are familiar with the details surrounding those charges, but those facts are not relevant to the issues raised on appeal. Instead, we focus on the procedures leading up to and following Parks-Maki's eventual no-contest plea.

Pretrial Competency Proceedings

About a month into the criminal case, the district court ordered Parks-Maki to undergo a competency evaluation to assess his ability to stand trial. The evaluation, which Parks-Maki completed in August 2020, found that he was not competent to proceed with the case at that time. The evaluator reported that Parks-Maki did not "demonstrate an awareness of the legal situation" he faced—he could not or would not list his charges, and he thought the charges were not serious and would be dropped at the preliminary hearing. Parks-Maki also exhibited a "high level of distrust [with] his attorney," which the evaluator thought could impact Parks-Maki's ability to assist in his own defense. Based on the evaluation, Parks-Maki's attorney requested a competency hearing to determine whether the case should go forward.

In January 2021, Parks-Maki's attorney withdrew from the case. The district court appointed new counsel and conducted a competency hearing in February 2021. At the

2 hearing, the court found that Parks-Maki was not competent to stand trial at that time, adopting the recommendation of the earlier competency evaluation. The court ordered Parks-Maki to be committed to Larned State Hospital for 90 days, staying all matters in the case until it could review a subsequent evaluation.

Based on recommendations from the Larned medical team, the district court entered orders continuing Parks-Maki's commitment over the next several months. At some point, he was transferred to Osawatomie State Hospital. During this time, the court appointed Zane Todd to serve as Parks-Maki's attorney.

In March 2023, the district court received correspondence from the Osawatomie hospital stating that Parks-Maki had been discharged because he no longer met the criteria of a mentally ill person subject to involuntary commitment under K.S.A. 59-2966. The district court held another competency hearing a little over a month later. Neither the State nor Parks-Maki (or his attorney) objected to the findings in the Osawatomie evaluation. The court found that Parks-Maki was competent to proceed and scheduled the case for preliminary hearing and trial.

The No-Contest Plea

The case was scheduled for a jury trial in October 2023. Immediately before voir dire, Todd informed the district court that Parks-Maki was interested in a plea. Todd explained that Parks-Maki initially was not interested in a plea agreement but recently asked Todd to explore plea negotiations. The parties eventually agreed that Parks-Maki would plead no contest to second-degree murder in exchange for the State dismissing the other charges in the case.

At the plea hearing, Parks-Maki informed the district court that he was pleading "no contest" to second-degree murder. The district court then asked Parks-Maki a series

3 of questions relating to the plea agreement. Parks-Maki told the district court that he was satisfied with Todd's representation. Although he questioned whether Todd had enough time to work on the case, Parks-Maki believed that Todd had enough time to review the plea agreement. Parks-Maki told the district court that he agreed with his anticipated criminal-history score and that he had seen "something similar" to the sentencing grid. He also told the court that he understood the rights that he waived by entering into an agreement. He denied being coerced or persuaded to enter a plea. Next, the district court reviewed Parks-Maki's understanding of the violent offender registration requirements, and Parks-Maki maintained his desire to plead no contest. The district court also asked Parks-Maki about the medications he was taking and if he felt like he was in a state of mind to make decisions surrounding his plea. Parks-Maki responded that he was taking two medications but felt he could make the decisions.

Parks-Maki showed some confusion about the legal impacts of his plea but ultimately understood those consequences after clarification from Todd and the court. The State summarized the evidence that would be presented at trial, and the court asked Parks-Maki if he thought that a jury could convict him based on that evidence. Parks- Maki was also confused about this question, but after some discussion, he confirmed that he was comfortable moving forward with the plea. The court found that the plea was voluntarily and knowingly made and found Parks-Maki guilty of intentional second- degree murder.

Parks-Maki's Motion to Withdraw His Plea

A few months later, Parks-Maki moved to withdraw his plea, stating he did not understand the plea or its consequences. At the same time, Todd moved to withdraw as Parks-Maki's attorney, citing a potential conflict of interest. The district court granted Todd's withdrawal motion and appointed new counsel, Robert Myers, to represent Parks- Maki going forward. The court then scheduled an evidentiary hearing on the motion.

4 At the hearing, Parks-Maki and Todd both testified, providing divergent explanations for what happened. Parks-Maki testified that there were parts of his plea that he did not understand. He stated that Todd never told him about the potential punishments for the charges he faced. Myers asked Parks-Maki if he and Todd had gone over each page of the plea agreement, initialing each page after they covered it, and Parks-Maki said that was not exactly what happened. Instead, there were some things he did not understand in the plea but that he initialed all the pages after Todd told him a "sad story about [Todd's] son" and that Todd would tell his son to take the plea.

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State v. Parks-Maki, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parks-maki-kanctapp-2026.