State v. Campbell, 273 Kan. 414

Summary

The Supreme Court of Kansas held that the district court retained jurisdiction to impose sentence on felony counts after an extended delay because the original sentence was illegal and the defendant had consented to the delay. The court also held that the defendant knowingly and voluntarily waived his statutory right to appeal under a sentencing agreement. The judgment was affirmed.

Holdings

1. The district court retained jurisdiction to impose sentences on the remaining counts because Campbell's original sentence was illegal for failing to impose a definite term of confinement, Campbell could have demanded sentencing at the original hearing, and his failure to do so constituted consent to the delay.
2. Campbell knowingly and voluntarily waived his statutory right to appeal his convictions by signing and accepting a sentencing agreement that expressly required waiver of appellate rights.

Questions Presented

1. Whether the district court retained jurisdiction to impose sentences on felony counts that had not been sentenced at the original sentencing hearing.
2. Whether Campbell knowingly and voluntarily waived his statutory right to appeal through the sentencing agreement.
3. Whether Campbell's remaining challenges to suppression of statements and sufficiency of the evidence could be reached despite the appellate waiver.

Disposition

affirmed