State v. Scott

Supreme Court of Kansas

State v. Scott

505 P.2d 703, 211 Kan. 68

CourtSupreme Court of Kansas

DecidedJanuary 20, 1973

DocketNo. 46,507

StatusPublished

Cited by2 cases

This text of 505 P.2d 703 (State v. Scott) is published on Counsel Stack Legal Research, covering Supreme Court 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. Scott, 505 P.2d 703, 211 Kan. 68 (kan 1973).

Pincite

Opinion

Per Curiam:

This is a direct appeal from a plea of guilty. The appellant, Norman K. Scott, was charged with the offense of escaping without breaking. On September 30, 1970, he entered a plea of guilty after negotiation in which the county attorney agreed to recommend that he be sent to the Kansas Reception and Diagnostic Center for evaluation. Prior to the arraignment a medical commission considered the appellant’s mental condition and recommended long term psychiatric treatment in a maximum security unit. The Kansas Reception and Diagnostic Center report on psychiatric examination made the same recommendation. The appellant was sentenced to a term of not more than three years and is presently serving that sentence at the Kansas State Penitentiary. He filed notice of appeal on March 18, 1971.

Appeals taken after July 1,1970, are governed by the new criminal code. K. S. A. 1972 Supp. 22-3601 precludes appellate review in criminal cases where the defendant pleaded guilty after July 1, 1970. (State v. Mitchell, 210 Kan. 470, 502 P. 2d 850.) Since this court has no jurisdiction of this purported appeal it must be dismissed.

It is so ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam:

This is a direct appeal from a plea of guilty. The appellant, Norman K. Scott, was charged with the offense of escaping without breaking. On September 30, 1970, he entered a plea of guilty after negotiation in which the county attorney agreed to recommend that he be sent to the Kansas Reception and Diagnostic Center for evaluation. Prior to the arraignment a medical commission considered the appellant’s mental condition and recommended long term psychiatric treatment in a maximum security unit. The Kansas Reception and Diagnostic Center report on psychiatric examination made the same recommendation. The appellant was sentenced to a term of not more than three years and is presently serving that sentence at the Kansas State Penitentiary. He filed notice of appeal on March 18, 1971.

Appeals taken after July 1,1970, are governed by the new criminal code. K. S. A. 1972 Supp. 22-3601 precludes appellate review in criminal cases where the defendant pleaded guilty after July 1, 1970. (State v. Mitchell, 210 Kan. 470, 502 P. 2d 850.) Since this court has no jurisdiction of this purported appeal it must be dismissed.

It is so ordered.

Cite This Page — Counsel Stack

Bluebook (online)

505 P.2d 703, 211 Kan. 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scott-kan-1973.

Opinion

Related

Cite This Page — Counsel Stack