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State v. Phinney

Citations

  • 280 Kan. 394
  • 122 P.3d 356
  • 2005 Kan. LEXIS 773

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding remand to district court unnecessary where record on appeal factually and legally supports determination that Ortiz exception applies
  • noting that K.S.A. 22-3602[a] does not authorize an appeal of a conviction based upon a plea, but, “[f]ollowing a plea, a defendant may . . . challenge the sentence imposed”
  • discussing rules regarding and grounds for appellate jurisdiction of appeals from sentences and motions to correct illegal sentences
  • “The right to appeal is purely statutory, and an appellate court has a duty to question jurisdiction on its own initiative.”
  • where defendant argues he can only be sentenced under K.S.A. 65-4152, his sentence under K.S.A. 65-7006 was not an illegal sentence
  • where defendant argues he can only be sentenced under K.S.A. 65-4152, his sentence under K.S.A. 65-7006 was not an illegal sentence

Source: CourtListener parenthetical corpus (CC0).

Judges: Allegrucci, Lockett

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.