BY THE COURT
Whether jurisdiction exists is a question of law over which
this court's scope of review is unlimited.
right to appeal is entirely statutory, and an appeal may be
entertained only if it is taken in the manner prescribed by
an extended jurisdiction juvenile prosecution, when an
offender violates his or her conditional release, K.S.A. 2018
Supp. 38-2364 authorizes a court to revoke the juvenile
sentence and order the imposition of the stayed adult
Kansas statutes do not provide a juvenile offender with a
right to appeal an order revoking the juvenile sentence and
ordering imposition of the stayed adult sentence in an
extended jurisdiction juvenile prosecution.
Absent an ambiguity in a statute, the plain meaning of the
words chosen by the Legislature will control and courts will
not add words to the law.
Although juvenile offenders are entitled to similar
constitutional protections as adults, they are not guaranteed
the same statutory rights as adults unless specifically
provided for in the revised Juvenile Justice Code.
a lack of jurisdiction is shown, the appellate court must
dismiss the appeal.
from Wyandotte District Court; Delia M. York, judge.
Michael C. Duma, of Duma Law Offices LLC, of Olathe, for
L. Courtney, assistant district attorney, Mark A. Dupree Sr.,
district attorney, and Derek Schmidt, attorney general, for
Gardner, P.J., Hill and Schroeder, JJ.
appeals the imposition of his adult prison sentence after the
district court found he had violated the terms of conditional
release on his juvenile sentence. He raises three arguments:
(1) He was denied due process because his conditional release
contracts failed to advise him a violation could lead to
imposition of his stayed adult sentence; (2) insufficient
evidence showed he violated the terms of his conditional
release; and (3) imposing his adult sentence constitutes
cruel and unusual punishment under both the state and federal
Constitutions. The State argues that this court lacks
jurisdiction to review the merits of J.S.P.'s claims.
Agreeing with the State, we dismiss this appeal.
AND PROCEDURAL BACKGROUND
pleaded no contest to two counts of criminal discharge of a
firearm at an occupied vehicle, two counts of aggravated
assault, and one count of aggravated battery. Those crimes
occurred in December 2010 when J.S.P was 14 years old. The
victim of one of J.S.P.'s crimes was left paralyzed, but
the facts of J.S.P.'s underlying crimes are not relevant
was sentenced in an extended juvenile jurisdiction proceeding
(EJJP). In such a proceeding, a juvenile is given both a
juvenile sentence and an adult sentence. The adult sentence
is stayed pending successful completion of the juvenile
sentence. If the juvenile either violates the terms of his
juvenile sentence or commits a new offense, the adult
sentence may be imposed in some circumstances. It was imposed
here. J.S.P. agreed to an aggravated sentence of 72 months in
the Kansas Juvenile Correctional Facility (JCF) in exchange
for the State's promise that it would not seek adult
prosecution. The district court sentenced J.S.P. to 72 months
in JCF followed by 24 months of conditional release and a
stayed adult sentence of 237 months in prison.
the district court sentenced J.S.P. in 2011, the court,
J.S.P.'s attorney, and the prosecuting attorney advised
him repeatedly about the adult sentence he could be facing.
Defense counsel stated that she had "explained to
[J.S.P.] that if he does not follow the juvenile program in
JCF and afterwards that he could serve around 19.75 years as
opposed to the six years which we're asking the court to
sentence him here today." The prosecutor stated:
"If he does comply with all the terms, then he'll
never have to serve that EJJP sentence. However, it will be
hanging over his head the entire time and could be imposed
for something as little as being suspended from school or
court warned J.S.P., saying:
"[V]ery importantly, the law is very strict. A violation
of probation-like-like the attorney said, let's say you
get out and you're on probation, conditional release, and
you skip school, simple as that, smoke marijuana, simple as
that. The law says that this court shall revoke your juvenile
case and shall order you to go to the adult Department of
Corrections. It doesn't say I may, doesn't say I can,
it says if there is a violation that's shown, whether
it's simple or not, it says the court shall revoke your
juvenile sentence and you shall go to the ...