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In re I.A.

Court of Appeals of Kansas

August 16, 2019

In the Matter of I.A.

         SYLLABUS BY THE COURT

         1. The 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.

         2. Kansas appellate courts have jurisdiction only as provided by law, and an untimely notice of appeal usually leads to dismissal of an action.

         3. 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.

         4. 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 sentence.

         5. 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.

          Appeal from Johnson District Court; John P. Bennett, judge.

          Michael J. Bartee, of Michael J. Bartee, P.A., of Olathe, for appellant.

          Andrew J. Jennings, assistant district attorney, and Stephen M. Howe, district attorney, for appellee.

          Before Standridge, P.J., Gardner, J., and Walker, S.J.

          STANDRIDGE, J.

         I.A. 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.

         Facts

         On 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 ...


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