SYLLABUS BY THE COURT
a municipal traffic offender pays his or her ticket online
pursuant to the court's fine schedule, the judgment is
final when the online transaction is successfully completed.
This begins the 14-day time period to appeal under K.S.A.
2016 Supp. 22-3609(b).
plain language of K.S.A. 2016 Supp. 22-3609(a) allows appeals
only from municipal court judgments finding a defendant
guilty of an ordinance violation or a finding of contempt. A
denial of a motion to withdraw plea does not fit under either
option. Accordingly, it is not an appealable order.
from Shawnee District Court; C. William Ossmann, judge.
Nicholas David, of The David Law Office LLC, of Topeka, for
A. Blevins, assistant city attorney, for appellee.
Arnold-Burger, C.J., Buser and Schroeder, JJ.
C.J.: Kansas law provides that an appeal may be taken from
any judgment in a municipal court that adjudges the defendant
guilty of a violation of a city ordinance. K.S.A. 2016 Supp.
22-3609(a). The appeal must be filed within 14 days after the
sentence is imposed. K.S.A. 2016 Supp. 22-3609(b).
Matthew Ramos was ticketed by Topeka police for
racing/exhibition of speed in August 2015. On September 11,
2015, without appearing in court, Ramos pled no contest and
paid his ticket and court costs online. Several months later
he filed a motion to set aside his plea which was denied by
the municipal court. He appealed to the district court which
dismissed his appeal on the basis that it was not timely as
to his conviction and there was no statutory right to appeal
the withdrawal of a plea. Because we agree that the district
court lacked jurisdiction to consider Ramos' appeal, we
affirm the dismissal.
and Procedural History
facts are not in dispute. In August 2015, Peter Matthew Ramos
was given a traffic citation for racing/exhibition of speed,
in violation of a Topeka city traffic ordinance. Like
thousands of other traffic violators around the state, on
September 11, 2015, without appearing in court, Ramos pled no
contest and paid his ticket and court costs online.
Apparently because of some unanticipated collateral
consequences to his Florida driver's license as a result
of his plea, over three months later Ramos retained counsel
and filed a motion to withdraw his plea. The Topeka Municipal
Court judge heard and denied Ramos' motion on January 21,
2016. Ramos filed a notice of appeal in the Shawnee County
District Court on the same day. On January 27, 2016, the
municipal court judge signed a "Record of Proceedings
from Municipal Court."
"Record of Proceedings" states: "I, the
undersigned, Municipal Court Judge of the City of Topeka,
hereby certify that the within is a full, true, complete and
perfect copy of the proceedings in the above action, had by
and before me, at my office in said city, as the same appears
of record." The journal entry sets out the charges from
Ramos' traffic citation and then states:
"On this 11th Day of September 2015, Peter Matthew Ramos
being arraigned, pleads No Contest.
Whereupon the case is tried by the Court 11th ...