K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-4618 (2026)

✓ current as of May 2026
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21-4618.

History: L. 1976, ch. 168, § 1; L. 1979, ch. 94, § 1; L. 1979, ch. 90, § 6; L. 1980, ch. 104, § 3; L. 1986, ch. 123, § 15; L. 1989, ch. 92, § 26; L. 1992, ch. 239, § 246; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 115 cases (1 in the last 5 years), 1977–2021 · leading case: State v. Stuart & Jones, 575 P.2d 559 (Kan. 1978).
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State v. Stuart & Jones, 575 P.2d 559 (Kan. 1978). · cites it 14× “Because the crime was perpetrated with a firearm the trial court refused probation or suspension of sentence and imposed the minimum sentence pursuant to the requirements of K.S.A. 1976 Supp. 21-4618 (now 1977 Supp.”
State v. Freeman, 574 P.2d 950 (Kan. 1978). · cites it 7× “Probation was requested but denied by the sentencing judge by reason of K.S.A. 1977 Supp. 21-4618 which denies probation to any defendant who is convicted of an Article 34 crime in which the defendant used a firearm in the commission thereof.”
State v. DeCourcy, 580 P.2d 86 (Kan. 1978). · cites it 17× “They concern the same basic legal issues — the constitutionality and interpretation of the mandatory sentencing statute (K.S.A. 1976 Supp. 21-4618). We shall consider each appeal separately.”
State v. Smith, 654 P.2d 929 (Kan. 1982). · cites it 21× “The first issue is whether the trial court erred in sentencing *285 defendant under K.S.A. 21-4618 for attempted aggravated robbery.”
State v. Ramsey, 612 P.2d 603 (Kan. 1980). · cites it 13× “On its cross-appeal the State contends the trial court erred in refusing to sentence defendant pursuant to K.S.A. 1979 Supp. 21-4618. The record relative to this issue is somewhat confusing.”
State v. Hutchison, 615 P.2d 138 (Kan. 1980). · cites it 6× “The mandatory sentencing statute then in effect was K.S.A. 1976 Supp. 21-4618: “Probation and sentencing for certain crimes involving use of firearms.”
State v. Cramer, 841 P.2d 1111 (Kan. Ct. App. 1992). · cites it 10× “Defendant was sentenced to a term of three to five years’ incarceration and was denied probation under K.S.A. 1991 Supp. 21-4618. She also appeals her sentence.”
State v. Nambo, 281 P.3d 525 (Kan. 2012). · cites it 10× “21-4704(h) and K.S.A. 21-4618 (a).” But the inquiry is not whether a firearm was used to commit the offense.”
State v. Coley, 694 P.2d 479 (Kan. 1985). · cites it 18× “At the time of sentencing for each defendant, the judge denied probation or parole finding he did not have jurisdiction to modify the sentence under K.S.A. 21-4618. Each defendant appealed. Since the issue presented in each case is identical, the appeals were consolidated.”
State v. Keeley, 694 P.2d 422 (Kan. 1985). · cites it 7× “: This is an appeal by the State where the judge imposed a fine instead of imprisonment pursuant to K.S.A. 21-4618 after the defendant had been convicted of the offense of aggravated battery (K.”
State v. Carr, 53 P.3d 843 (Kan. 2002). · cites it 4× “K.S.A. 1992 Supp. 21-4618. Even this exception had an escape clause, allowing the district court to release a defendant on probation despite the use of a firearm where imposition of a prison *456 term "would result in manifest injustice.”
State v. Turley, 840 P.2d 529 (Kan. Ct. App. 1992). · cites it 13× “*486 The trial court sentenced Turley in accordance with K.S.A. 1991 Supp. 21-4618 because a firearm was used by him in the commission of the crime.”
Show all 115 citing cases →
— K.S.A. § 21-4618(1) — 5 cases
State v. Cramer, 841 P.2d 1111 (Kan. Ct. App. 1992). “Defendant was sentenced to a term of three to five years’ incarceration and was denied probation under K.S.A. 1991 Supp. 21-4618. She also appeals her sentence.”
State v. Smith, 654 P.2d 929 (Kan. 1982). “The first issue is whether the trial court erred in sentencing *285 defendant under K.S.A. 21-4618 for attempted aggravated robbery.”
State v. Johnson, 657 P.2d 1139 (Kan. Ct. App. 1983).
State v. Coleman, 870 P.2d 695 (Kan. Ct. App. 1994).
State v. McCloud, 883 P.2d 775 (Kan. 1994).
— K.S.A. § 21-4618(3) — 5 cases
State v. Carr, 53 P.3d 843 (Kan. 2002). “K.S.A. 1992 Supp. 21-4618. Even this exception had an escape clause, allowing the district court to release a defendant on probation despite the use of a firearm where imposition of a prison *456 term "would result in manifest injustice.”
State v. Turley, 840 P.2d 529 (Kan. Ct. App. 1992). “*486 The trial court sentenced Turley in accordance with K.S.A. 1991 Supp. 21-4618 because a firearm was used by him in the commission of the crime.”
State v. Ruff, 847 P.2d 1258 (Kan. 1993).
State v. Cramer, 841 P.2d 1111 (Kan. Ct. App. 1992). “Defendant was sentenced to a term of three to five years’ incarceration and was denied probation under K.S.A. 1991 Supp. 21-4618. She also appeals her sentence.”
State v. Coleman, 870 P.2d 695 (Kan. Ct. App. 1994).
— K.S.A. § 21-4618(a) — 4 cases
State v. Nambo, 281 P.3d 525 (Kan. 2012). “21-4704(h) and K.S.A. 21-4618 (a).” But the inquiry is not whether a firearm was used to commit the offense.”
State v. Medina, 887 P.2d 105 (Kan. 1994).
State v. NAMBO, 216 P.3d 186 (Kan. Ct. App. 2009).
State v. Dinneen, 297 P.3d 1185 (Kan. Ct. App. 2013).
— K.S.A. § 21-4618(c) — 1 case
State v. Medina, 887 P.2d 105 (Kan. 1994).
— K.S.A. § 21-4618(d) — 1 case
State v. NAMBO, 216 P.3d 186 (Kan. Ct. App. 2009).
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.