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No state appeal [NOT FINAL]

By Randall Hodgkinson

Paul Oller won in State v. Vasquez, No. 96,690 (Kan. App. Nov. 21, 2007), obtaining dismissal of the state's appeal from the district court's denial of the state's motion to hold a defendant in indirect contempt of court after failing to pay restitution. The COA held that this appeal did not fall within the statutorily delineated types of state appeals:

the instant matter, the State does not come within any of the narrowly defined categories of K.S.A. 2006 Supp. 22-3602(b). Once an individual completes his or her period of incarceration or probation, the trial court no longer has jurisdiction in the criminal case over any unpaid restitution. Collection of unpaid restitution must then be pursued in a civil action. Accordingly, this court does not have jurisdiction to consider the substantive issues raised by the State.

It's worth mentioning to anyone that is defending in a prosecution appeal to always think about a jurisdictional argument. Remember, the COA and KSC generally are quite strict on both the substantive and procedural requirements in prosecution appeals, so look for possible jurisdictional issues with a fine-toothed comb.

[Update: the AG entered and filed a PR on December 14, 2007.]

Full post as published by Kansas Defenders on November 21, 2007 (boomark / email).