Legal Opinion · Dissent

State v. Pearce

Court of Appeals of Kansas

Decided January 23, 2015No. 110435Published

1DissentAtcheson, J.

The State’s appeal from a sentencing decision of the Miami County District Court fails to present a legal question of statewide interest or importance, as required under K.S.A. 2013 Supp. 22-3602(b)(3). See State v. Berreth, 294 Kan. 98, 121-22, 273 P.3d 752 (2012) (An appellate court should address a question reserved only if the issue is “of statewide interest” bearing on “the correct and uniform administration of criminal law.”). In debating and fashioning a sentence for Defendant Michael J. Pearce, Jr., the lawyers and tire district court mistakenly relied on statutory language that had…

2Cases cited2 opinions

  1. State v. BerrethSupreme Court of Kansas · 2012
  2. State v. HermanCourt of Appeals of Kansas · 2014

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