BY THE COURT
issue of appellate jurisdiction is one of law over which an
appellate court has unlimited review. The right to appeal is
purely statutory and is not a right contained in the United
States or Kansas Constitutions.
Kansas appellate courts have jurisdiction only as provided by
law, and an untimely notice of appeal usually leads to
dismissal of an action.
Exceptions to the requirement of a timely filed notice of
appeal apply only if a defendant's failure to timely
appeal was caused by the deprivation of a right which is
provided by law.
Nothing within the revised Kansas Juvenile Justice Code
requires a district court to affirmatively advise the
juvenile of the statutory right to appeal an adjudication or
There is no statutory justification to extend any exceptions
to the requirement of a timely filed notice of appeal to a
juvenile offender proceeding, which is civil in nature and
governed by the Kansas Code of Civil Procedure.
from Johnson District Court; John P. Bennett, judge.
Michael J. Bartee, of Michael J. Bartee, P.A., of Olathe, for
J. Jennings, assistant district attorney, and Stephen M.
Howe, district attorney, for appellee.
Standridge, P.J., Gardner, J., and Walker, S.J.
appeals from two 1998 juvenile adjudications for reckless
aggravated battery and his sentences of probation and
restitution as a result of those adjudications. I.A. argues
he is entitled to a new trial because the district court
failed to advise him of his right to a trial by jury and
failed to obtain a knowing and voluntary waiver of this
right. For the reasons stated below, we dismiss appeal for
lack of jurisdiction.
August 30, 1998, just a few months before his 18th birthday,
I.A. and his friends randomly were shooting BB pellets at
people driving in their cars. I.A. originally was charged
with one count of aggravated battery. The State later amended
the complaint to charge eight additional offenses. The
parties eventually entered into a deal where I.A. agreed to
plead guilty to two counts of reckless aggravated battery in
exchange for the State's dismissal of the remaining seven
counts. The court held a plea hearing on November 30, 1998.
The district court advised I.A. of the rights enumerated in
K.S.A. 38-1633(b). The district court then found a factual
basis for I.A.'s guilty pleas and adjudicated I.A. a
juvenile offender. The court sentenced I.A. to probation for
one year and ordered I.A. to pay ...