Legal Opinion

City of Topeka v. Martin

Court of Appeals of Kansas

Decided February 9, 1979No. 50,095PublishedCited by 12 opinions

1Per curiam

This appeal is dismissed for lack of jurisdiction in that there has been no sentence imposed or other disposition made which constitutes a final judgment as required by K.S.A. 1978 Supp. 22-3601(a), -3602(a), and K.S.A. 22-3608(1).

The defendant was convicted of driving while under the influence of intoxicating liquor. The trial court did not impose sentence or take any other action that can be construed as an appeal-able order in view of the specific requirements in 22-3608(1) that sentence be imposed.

An order finding a defendant guilty is not an appealable order and may not be appealed until…

2Cases cited2 opinions

  1. State v. WoodburySupreme Court of Kansas · 1931
  2. Roberts v. StateSupreme Court of Kansas · 1966

3Cited by12 opinions

  1. State v. FreemanSupreme Court of Kansas · 1984
  2. State v. WilsonCourt of Appeals of Kansas · 1991
  3. State v. RiosCourt of Appeals of Kansas · 1994
  4. State v. RucasCourt of Appeals of Kansas · 1987
  5. State v. AldapeCourt of Appeals of Kansas · 1990

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