History:
L. 1969, ch. 180, § 21-3814; L. 1970, ch. 124, § 6; L. 1992, ch. 239, § 158; L. 1993, ch. 291, § 107; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
CASE ANNOTATIONS
1. Section construed; no entrapment where defendant knew the officers involved were police officers; conviction affirmed. State v. Jones, 2 Kan. App. 2d 220, 577 P.2d 357.
2. State not required to notify defendant of forfeiture of bond to establish willfulness; section compared with K.S.A. 22-2807. State v. Rodgers, 225 Kan. 242, 243, 244, 245, 246, 247, 589 P.2d 981.
3. Conviction hereunder; former attorney permitted to testify about having given notice to defendant on required court appearance. State v. Breazeale, 11 Kan. App. 2d 103, 713 P.2d 973 (1986).
4. Conviction reversed; effect of diversion agreement on appearance bond, notice of trial date where diversion agreement violated examined. State v. Chappell, 11 Kan. App. 2d 546, 729 P.2d 1241 (1986).
5. Aggravated failure to appear offense not dependent on outcome of underlying charge. State v. DeAtley, 11 Kan. App. 2d 605, 611, 731 P.2d 318 (1987).
6. One cannot be charged with aggravated failure to appear for being absent at a probation revocation proceeding. State v. Miller, 15 Kan. App. 2d 566, 572, 811 P.2d 1256 (1991).
7. Felony charge, not felony conviction, is an essential element of aggravated failure to appear. State v. Rapp, 26 Kan. App. 2d 595, 992 P.2d 226 (1999).
8. Failure to appear to pretrial services as part of release from custody on appearance bond may be charged as aggravated failure to appear. State v. Floyd, 29 Kan. App. 2d 833, 32 P.3d 1217 (2001).
9. District court declared forfeiture of bail; defendant bound over for trial on aggravated failure to appear. State v. Jones, 38 Kan. App. 2d 924, 926, 927, 173 P.3d 1179 (2008).
10. Evidence sufficient to support conviction for aggravated failure to appear despite reliance upon attorney's mistaken advice that appearance at hearing was unnecessary. State v. Diaz, 44 Kan. App. 2d 870, 241 P.3d 1018 (2010).
State v. Miller, 811 P.2d 1256 (Kan. Ct. App. 1991). · cites it 20דK.S.A. 21-3814. Principally, we are asked to decide if the district court erred in ruling that K.”
State v. Rodgers, 589 P.2d 981 (Kan. 1979). · cites it 9דThe jury returned a verdict of guilty on a charge of aggravated failure to appear (K.S.A. 21-3814). The trial court on motion of the defendant set aside the verdict and entered a judgment of acquittal.”
State v. Urban, 239 P.3d 837 (Kan. 2010). “See K.S.A. 21-3814. If the legislature believes it has been misunderstood, we are confident that an appropriate amendment of the statutory language will follow publication of this opinion.”
State v. Diaz, 241 P.3d 1018 (Kan. Ct. App. 2010). · cites it 2דK.S.A. 21-3814(a). Forfeiture of an appearance bond occurs when the defendant fails to appear “as directed by the court and guaranteed by the appearance bond.”
State v. Roderick, 911 P.2d 159 (Kan. 1996). “92 CR 826; (b) one count of aggravated failure to appear, K.S.A. 21-3814, in No. 92 CR 1373; and (c) one count of theft and one count of burglary, K.”
State v. DeAtley, 731 P.2d 318 (Kan. Ct. App. 1987). · cites it 3דThe present case, charging aggravated failure to appear under K.S.A. 21-3814 and K.S.A. 1985 Supp. 21-4501(e), was filed on May 16, 1985.”
State v. Perez-Moran, 80 P.3d 361 (Kan. 2003). “” K.S.A. 21-3814. In the underlying case supporting the conviction, Rapp was convicted of two felonies and the district court counted only one of them in calculating his criminal history, reasoning that one of the underlying felonies was a necessary element of the crime under K.”
State v. Breazeale, 713 P.2d 973 (Kan. Ct. App. 1995). “: Defendant appeals from his conviction by a jury for aggravated failure to appear (K.S.A. 21-3814). This case concerns the scope of the lawyer-client privilege (K.”
State v. Rapp, 992 P.2d 226 (Kan. Ct. App. 1999). · cites it 3דRapp’s current crime of conviction is aggravated failure to appear, K.S.A. 21-3814. An element of aggravated failure to appear is “failing to surrender oneself within 30 days .”
State v. Chappell, 729 P.2d 1241 (Kan. Ct. App. 1986). · cites it 4דK.S.A. 21-3814. The case was submitted to the trial court on stipulated facts as follows: *547 “1.”
State v. Jones, 577 P.2d 357 (Kan. Ct. App. 1978). “, aggravated failure to appear under K.S.A. 21-3814. The primary issue is whether entrapment is a defense to a criminal charge where (1) the officers claimed to have done the entrapping were known by the defendant to be officers, and (2) they accomplished their purpose solely by…”
State v. Dalton, 895 P.2d 204 (Kan. Ct. App. 1995). “2d 1256 (1991), this court considered whether the Kansas statute for aggravated failure to appear, K.S.A. 21-3814, applied to a defendant’s failure to appear for a probation revocation hearing.”
State v. Diaz, 241 P.3d 1018 (Kan. Ct. App. 2010). “K.S.A. 21-3814(a). Forfeiture of an appearance bond occurs when the defendant fails to appear “as directed by the court and guaranteed by the appearance bond.”
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