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Kansas Statutes Annotated

K.S.A. § 21-3405a (2026)

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21-3405a.

History: L. 1984, ch. 39, § 48; L. 1985, ch. 48, § 14; L. 1988, ch. 47, § 3; L. 1989, ch. 88, § 1; Repealed, L. 1992, ch. 298, § 97; Repealed, L. 1993, ch. 291, § 283; July 1.

CASE ANNOTATIONS

1. Driving while under the influence of alcohol (K.S.A. 8-1567) is lesser included offense. State v. Woodman, 12 Kan. App. 2d 110, 118, 119, 735 P.2d 1102 (1987).

2. Convictions affirmed; admissibility of blood alcohol test (K.S.A. 8-1001), abuse in sentencing (K.S.A. 21-4601 et seq.), underlying crimes examined. State v. Louis, 240 Kan. 175, 727 P.2d 483 (1986).

3. Statute is concurrent with and controls general involuntary manslaughter statute (K.S.A. 21-3404). State v. Goodnow, 12 Kan. App. 2d 294, 296, 740 P.2d 113 (1987).

4. Cited; DUI (K.S.A. 8-1567) as lesser included offense of involuntary manslaughter (K.S.A. 21-3404) examined. State v. Adams, 242 Kan. 20, 24, 744 P.2d 833 (1987).

5. Viable fetus not a "human being" within meaning of aggravated vehicular homicide statute. State v. Trudell, 243 Kan. 29, 755 P.2d 511 (1988).

6. "Viable fetus" as not a "human being" within meaning of first degree murder statute (K.S.A. 21-3401) determined. State v. Green, 245 Kan. 398, 401, 781 P.2d 678 (1989).

7. Conviction reversed where state failed to inform accused of statutory rights pursuant to K.S.A. 8-1001(f). State v. Luft, 248 Kan. 911, 811 P.2d 873 (1991).

8. Whether house arrest constitutes imprisonment under K.S.A. 21-3405b(b)(2) examined. State v. Scherzer, 254 Kan. 926, 927, 931, 937, 869 P.2d 729 (1994).

9. Whether uncounseled DUI diversion where defendant was not imprisoned may be used to enhance sentence in subsequent DUI conviction examined. Paletta v. City of Topeka, 20 Kan. App. 2d 859, 864, 893 P.2d 280 (1995).


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Notes of Decisions
Cited in 14 cases, 1986–2014 · leading case: State v. Woodman, 735 P.2d 1102 (Kan. Ct. App. 1987).
Sort: Relevance Newest Treatment
State v. Woodman, 735 P.2d 1102 (Kan. Ct. App. 1987). · cites it 22× “During the early morning hours of May 8, 1985, after visiting several night spots and friends throughout the preceding evening, the defendant and his friend, Richard Hamm, were on their way to see a mutual friend in Wichita, Kansas.”
State v. Trudell, 755 P.2d 511 (Kan. 1988). · cites it 5× “22-3602(b)(l) from the district court’s dismissal, upon defendant Stephen Trudell’s motion, of one count of aggravated vehicular homicide, K.S.A. 1987 Supp. 21-3405a. This criminal prosecution grew out of the following facts: On the afternoon of June 29, 1986, Stephen Trudell…”
State v. Hickey, 757 P.2d 735 (Kan. Ct. App. 1988). · cites it 6× “Hickey was charged with six counts of aggravated vehicular homicide, K.S.A. 1987 Supp. 21-3405a; one count of driving while intoxicated, K.”
State v. Adams, 744 P.2d 833 (Kan. 1987). · cites it 3× “The Court of Appeals concluded that the two charges were multiplicious, and reversed the defendant’s conviction for driving while under the influence of alcohol. The defendant in the present case was charged under 21-3404, since the case arose from an incident which occurred…”
State v. Scherzer, 869 P.2d 729 (Kan. 1994). · cites it 2× “” To support his argument, Scher-zer pointed out that aggravated vehicular homicide, K.S.A. 1992 Supp. 21-3405a, a class D felony, where a victim has died, expressly allows for house arrest or other residential confinement in lieu of imprisonment in the county jail, while…”
State v. Huff, 83 P.3d 206 (Kan. 2004). “21-3405b(b)(2) (repealed 1993) and K.S.A.21-3405a (repealed 1993), the presumption was that the legislature made a conscious choice to use different language in the two statutes and intended a different type of sentence to be imposed.”
State v. Green, 781 P.2d 678 (Kan. 1989). “In Trudell , we held that a viable fetus is not a human being within the aggravated vehicular homicide statute, K.S.A. 21-3405a. Imposing criminal liability for the killing of a fetus is a legislative function.”
State v. Louis, 727 P.2d 483 (Kan. 1986). · cites it 2× “The defendant was convicted on the following counts: Six counts *176 of aggravated vehicular homicide (K.S.A. 1984 Supp. 21-3405a); driving while under the influence of alcohol or drugs (K.”
State v. Luft, 811 P.2d 873 (Kan. 1991). “Luft, from his conviction by a jury of aggravated vehicular homicide, contrary to K.S.A. 1990 Supp. 21-3405a. Luft raises a number of issues concerning ineffective assistance of counsel.”
Buckles v. State, 830 P.2d 702 (Wyo. 1992). “Kan.Stat.Ann. § 21-3405a (1986 Supp.) then provided: (1) Aggravated vehicular homicide is the unintentional killing of a human being, without malice, which is done while committing a violation of K.”
State v. Goodnow, 740 P.2d 113 (Kan. Ct. App. 1987). · cites it 2× “Defendant claims that 2143404 has been repealed by implication in cases of this nature by the passage of K.S.A. 1986 Supp. 21-3405a, aggravated vehicular homicide.”
Paletta v. City of Topeka, 893 P.2d 280 (Kan. Ct. App. 1995). “House arrest was exclusively a sentence option for the class D felony of aggravated vehicular homicide, pursuant to *864 K.S.A. 1992 Supp. 21-3405a, but not for the class A misdemeanor of vehicular battery.”
Show all 14 citing cases →
— K.S.A. § 21-3405a(1) — 1 case
State v. Woodman, 735 P.2d 1102 (Kan. Ct. App. 1987). “During the early morning hours of May 8, 1985, after visiting several night spots and friends throughout the preceding evening, the defendant and his friend, Richard Hamm, were on their way to see a mutual friend in Wichita, Kansas.”
— K.S.A. § 21-3405a(l) — 1 case
State v. Woodman, 735 P.2d 1102 (Kan. Ct. App. 1987). “During the early morning hours of May 8, 1985, after visiting several night spots and friends throughout the preceding evening, the defendant and his friend, Richard Hamm, were on their way to see a mutual friend in Wichita, Kansas.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.