State v. Legero

Knudson, J.:

Antonio L. Legero appeals the district court’s ruling that it lacked jurisdiction to hear Legero’s appeal of a district magistrate judge’s order revoking his probation. The issue is whether a magistrate’s order revoking a defendant’s misdemeanor probation is a judgment pursuant to K.S.A. 2002 Supp. 22-3609a, which can be appealed to the district court. This is an issue of first impression.

Legero pled guilty in separate cases to disorderly conduct and attempted criminal damage to property, both misdemeanors. On September 20, 2001, a district magistrate judge sentenced Legero to 30…