State v. Gutierrez-Fuentes

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,339 STATE OF KANSAS, Appellee, v. GELDY GUTIERREZ-FUENTES, Appellant. SYLLABUS BY THE COURT 1. The general rule is that an issue not asserted before the trial court cannot be raised for the first time on appeal, though there are three recognized exceptions if, in its discretion, the appellate court believes the exception is justified under the facts of a particular case. One of these exceptions is when consideration of the theory is necessary to prevent the denial of fundamental rights. The right to a speedy trial is a fundamental right. 2.…