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State v. Kurtz

Court of Appeals of Kansas

December 12, 2014

STATE OF KANSAS, Appellee,
v.
AARON KURTZ, Appellant

Page 510

Appeal from Sedgwick District Court; JAMES R. FLEETWOOD, judge.

SYLLABUS

BY THE COURT

1. An issue is moot when any judgment by this court would not affect the outcome of the controversy between the parties.

2. Because mootness is a doctrine of court policy, which was developed through court precedent, appellate review of the issue is unlimited.

3. An issue will not be dismissed as moot without clear and convincing evidence tat the actual controversy has ended and a judgment by this court would not affect the parties' rights.

4. Whether the trial court correctly applied a sentencing statute or illegally sentenced a defendant presents a question of law over which an appellate court exercises unlimited review.

5. Generally, criminal statutes in effect on the date a defendant committed a crime govern the defendant's penalties.

6. Generally, a statutory change operates only prospectively, except when (1) its language clearly shows that the legislature intended retroactive application, or (2) when the statutory change does not prejudicially affect the parties' substantive rights and is merely procedural or remedial in nature.

7. K.S.A. 2013 Supp. 22-3716(c) applies to probation violations occurring on or after July 1, 2013.

Heather Cessna, of Kansas Appellate Defender Office, for appellant.

Julie A. Koon, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, for appellee.

Before GREEN, P.J., BRUNS, J., and BUKATY, S.J.

OPINION

Page 511

Green, J.


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