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

K.S.A. § 21-4639 (2026)

Repealed

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21-4639.

History: L. 1994, ch. 341, § 10; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 11 cases (9 in the last 5 years), 2020–2025 · leading case: State v. Johnson, 486 P.3d 544 (Kan. 2021).
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State v. Johnson, 486 P.3d 544 (Kan. 2021). · cites it 5× “21-6628(c), formerly K.S.A. 21-4639, because the sentencing judge engaged in judicial fact-finding to determine that aggravating factors justified a minimum sentence of 50 years instead of the 25-year minimum that would otherwise apply.”
State v. Appleby, 485 P.3d 1148 (Kan. 2021). · cites it 2× “21-6628(c), formerly K.S.A. 21-4639, because the sentencing judge engaged in judicial fact-finding to determine that aggravating factors justified a minimum sentence of 50 years instead of the 25-year minimum that would otherwise apply.”
Drennan v. State, 506 P.3d 277 (Kan. 2022). · cites it 3× “21-6628(c) (formerly K.S.A. 21-4639). For similar reasons he also claims his sentence is illegal.”
State v. Trotter, 485 P.3d 649 (Kan. 2021). · cites it 2× “21-6628(c), formerly K.S.A. 21-4639, because the sentencing judge engaged in judicial fact-finding to determine that aggravating factors justified a minimum sentence of 50 years instead of the 25-year minimum that would otherwise apply.”
State v. Bedford, 502 P.3d 107 (Kan. 2022). “21-6628(c), (formerly K.S.A. 21-4639)." The district court, relying on Coleman, denied the motion, holding that "a defendant cannot utilize the K.”
State v. Johnson, 564 P.3d 1271 (Kan. 2025). · cites it 4× “In 2018, Johnson filed a motion "[i]nvoking sentence modification pursuant to K.S.A. 21-4639 renumbered K.S.A. 21-6628(c) (2011).”
Johnson v. Schmidt, 838 F. App'x 319 (10th Cir. 2020). “21-6628(c) (formerly K.S.A. 21-4639(c)), a “fail-safe” provision in Kansas sentencing law that mandates courts to re-sentence defendants in the event the statute authorizing the defendant’s mandatory sentence is held unconstitutional.”
State v. Verge, 479 P.3d 521 (Kan. Ct. App. 2021). · cites it 2× “60-1507 motion instead of a motion under K.S.A. 21-4639 (now K.S.A. 2019 21-6628[c]).”
Johnson (ID 79020) v. Schmidt, No. 5:20-cv-03017, 2020 WL 2126700 (D. Kan. May 5, 2020). · cites it 2× “Plaintiff claims that Defendants are violating his protected rights as a Moorish American. Plaintiff attaches the October 22, 2018 Wyandotte County District Court Journal Entry denying his motion “Invoking Sentence Modification pursuant to K.”
Johnson (ID 79020) v. Wyandotte Cnty. Dist. Court, No. 5:23-cv-03185 (D. Kan. Aug. 1, 2023). · cites it 2× “In Alleyne, the Court required that any fact which increased a sentence beyond the mandatory minimum must be submitted to a jury and proven 1 Plaintiff named as defendants eight state court judges, the attorney general, the district attorney, two assistant district attorneys,…”
Johnson v. Wyandotte Cnty. Dist. Court, No. 23-3146 (10th Cir. Jan. 12, 2024). “In the “CONCLUSION” section of the complaint, Johnson asked the district court “to issue the 9 plus year awaited mandatory modification per contract K.S.A. 21-4639, now K.S.A. 21-6628(c), Awarding all the Court sees.”
K.S.A. § 21-4639(c): 1 case
Johnson v. Schmidt, 838 F. App'x 319 (10th Cir. 2020). “21-6628(c) (formerly K.S.A. 21-4639(c)), a “fail-safe” provision in Kansas sentencing law that mandates courts to re-sentence defendants in the event the statute authorizing the defendant’s mandatory sentence is held unconstitutional.”
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