City of Derby v. Haskins

Brazil, C.J.:

Danny O. Haskins appeals an order of the district court dismissing his appeal from a municipal court. We reverse and remand.

Haskins was sentenced in the municipal court of Derby, Kansas, (City) on November 18, 1998. Haskins filed a notice of appeal to the district court on December 2, 1998. The City then moved to dismiss for lack of jurisdiction, arguing Haskins had filed beyond the 10-day period provided by K.S.A. 1998 Supp. 22-3609(2). The district court found the notice of appeal was untimely and dismissed the appeal. Whether the district court had jurisdiction is a question…