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Kansas Statutes Annotated

K.S.A. § 21-4705 (2026)

✓ current as of May 2026
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21-4705.

History: L. 1992, ch. 239, § 5; L. 1993, ch. 291, § 255; L. 1994, ch. 291, § 51; L. 1994, ch. 338, § 9; L. 1996, ch. 258, § 11; L. 1997, ch. 181, § 3; L. 1999, ch. 170, § 1; L. 2003, ch. 135, § 4; L. 2008, ch. 183, § 5; L. 2009, ch. 132, § 11; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 56 cases (2 in the last 5 years), 1994–2024 · leading case: State v. Moore, 181 P.3d 1258 (Kan. Ct. App. 2008).
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State v. Moore, 181 P.3d 1258 (Kan. Ct. App. 2008). · cites it 15× “60-404 does not apply. Further, contrary to Moore’s suggestion, the State properly preserved this issue for appeal as its notice of cross-appeal indicates the State appeals Moore’s sentence on the basis of K.”
State v. Roseborough, 951 P.2d 532 (Kan. 1997). · cites it 23× “: The State appeals, on a question reserved, the trial court’s retroactive application of the 1996 amendments to K.S.A. 21-4705 of the Kansas Sentencing Guidelines Act (KSGA) to an offender who committed crimes and was sentenced prior to July 1, 1993, for the purposes of…”
State v. Reason, 951 P.2d 538 (Kan. 1997). · cites it 7× “258, § 11; see K.S.A. 1996 Supp. 21-4705. The State cross-appeals upon a question reserved, contending that the district court should not have applied the 1996 legislative changes to the Sentencing Guidelines Act retroactively.”
State v. Casey, 211 P.3d 847 (Kan. Ct. App. 2009). · cites it 14× “21-4729: “Except as provided by subsection (f) of K.S.A. 21-4705, and amendments thereto, in addition to any of the above, for felony violations of K.”
State v. Paul, 175 P.3d 840 (Kan. 2008). · cites it 4× “21-4501 (sentencing for crimes committed prior to July 1, 1993) with K.S.A. 2006 Supp. 21-4705(a) (sentencing for drug crimes committed on or after July 1, 1993).”
State v. Andelt, 217 P.3d 976 (Kan. 2009). · cites it 11× “21-4603d(n) states in relevant part: “Except as provided by subsection (f) of K.S.A. 21-4705, and amendments thereto, in addition to any of the above, for felony violations of K.”
State v. Carr, 53 P.3d 843 (Kan. 2002). · cites it 4× “It is also noteworthy that an individual may either accept probation and be subject to serving the entire sentence if his or her probation is revoked or reject probation and elect to serve a known sentence.”
State v. Unruh, 177 P.3d 411 (Kan. Ct. App. 2008). · cites it 22× “Additionally, Unruh argues that the trial court erred in doubling his sentence under K.S.A. 21-4705(e). We also agree. Because the record establishes that Unruh’s conviction in this case was his first conviction for manufacture of a controlled substance, his sentence should not…”
State v. Wetrich, 412 P.3d 984 (Kan. 2018). “K.S.A. 2008 Supp. 21-4704 (nondrug offense grid); K.”
State v. Ford, 936 P.2d 255 (Kan. 1997). · cites it 8× “She advocates this court’s vacating her sentence and remanding the case to the district court for resentencing under K.S.A. 1996 Supp. 21-4705. *208 Ford relies on the plain language of the statute for support for her position.”
State v. Martin, 17 P.3d 344 (Kan. 2001). · cites it 3× “See K.S.A. 1997 Supp. 21-4705(d). Martin’s attorney advised the judge that Martin had been accepted into the Labette program and Martin had taken steps toward reformation.”
State v. Overton, 112 P.3d 244 (Kan. 2005). · cites it 7× “In both cases, the defendants claimed that they should be sentenced under the 1996 amendments to K.S.A. 21-4705 (drug grid) even though their crimes were committed before the effective date of the 1996 amendments.”
Show all 56 citing cases →
— K.S.A. § 21-4705(a) — 13 cases
State v. Paul, 175 P.3d 840 (Kan. 2008). “21-4501 (sentencing for crimes committed prior to July 1, 1993) with K.S.A. 2006 Supp. 21-4705(a) (sentencing for drug crimes committed on or after July 1, 1993).”
State v. Ford, 936 P.2d 255 (Kan. 1997). “She advocates this court’s vacating her sentence and remanding the case to the district court for resentencing under K.S.A. 1996 Supp. 21-4705. *208 Ford relies on the plain language of the statute for support for her position.”
State v. Roseborough, 951 P.2d 532 (Kan. 1997). “: The State appeals, on a question reserved, the trial court’s retroactive application of the 1996 amendments to K.S.A. 21-4705 of the Kansas Sentencing Guidelines Act (KSGA) to an offender who committed crimes and was sentenced prior to July 1, 1993, for the purposes of…”
State v. Overton, 112 P.3d 244 (Kan. 2005). “In both cases, the defendants claimed that they should be sentenced under the 1996 amendments to K.S.A. 21-4705 (drug grid) even though their crimes were committed before the effective date of the 1996 amendments.”
State v. Huff, 83 P.3d 206 (Kan. 2004).
— K.S.A. § 21-4705(b) — 1 case
State v. Paul, 175 P.3d 840 (Kan. 2008). “21-4501 (sentencing for crimes committed prior to July 1, 1993) with K.S.A. 2006 Supp. 21-4705(a) (sentencing for drug crimes committed on or after July 1, 1993).”
— K.S.A. § 21-4705(c) — 4 cases
State v. Delacruz, 899 P.2d 1042 (Kan. 1995).
State v. Roseborough, 951 P.2d 532 (Kan. 1997). “: The State appeals, on a question reserved, the trial court’s retroactive application of the 1996 amendments to K.S.A. 21-4705 of the Kansas Sentencing Guidelines Act (KSGA) to an offender who committed crimes and was sentenced prior to July 1, 1993, for the purposes of…”
Comer v. State, 942 P.2d 658 (Kan. Ct. App. 1997).
State v. Hackler, 898 P.2d 1175 (Kan. Ct. App. 1995).
— K.S.A. § 21-4705(c)(2) — 1 case
State v. McKnight, 257 P.3d 339 (Kan. 2011).
— K.S.A. § 21-4705(c)(l) — 1 case
Abasolo v. State, 160 P.3d 471 (Kan. 2007).
— K.S.A. § 21-4705(d) — 4 cases
State v. Martin, 17 P.3d 344 (Kan. 2001). “See K.S.A. 1997 Supp. 21-4705(d). Martin’s attorney advised the judge that Martin had been accepted into the Labette program and Martin had taken steps toward reformation.”
State v. Reason, 951 P.2d 538 (Kan. 1997). “258, § 11; see K.S.A. 1996 Supp. 21-4705. The State cross-appeals upon a question reserved, contending that the district court should not have applied the 1996 legislative changes to the Sentencing Guidelines Act retroactively.”
State v. Ford, 936 P.2d 255 (Kan. 1997). “She advocates this court’s vacating her sentence and remanding the case to the district court for resentencing under K.S.A. 1996 Supp. 21-4705. *208 Ford relies on the plain language of the statute for support for her position.”
State v. Standifer, 946 P.2d 637 (Kan. Ct. App. 1997).
— K.S.A. § 21-4705(d)(2) — 1 case
Phillpot v. Shelton, 875 P.2d 289 (Kan. Ct. App. 1994).
— K.S.A. § 21-4705(e) — 3 cases
State v. Moore, 181 P.3d 1258 (Kan. Ct. App. 2008). “60-404 does not apply. Further, contrary to Moore’s suggestion, the State properly preserved this issue for appeal as its notice of cross-appeal indicates the State appeals Moore’s sentence on the basis of K.”
State v. Unruh, 177 P.3d 411 (Kan. Ct. App. 2008). “Additionally, Unruh argues that the trial court erred in doubling his sentence under K.S.A. 21-4705(e). We also agree. Because the record establishes that Unruh’s conviction in this case was his first conviction for manufacture of a controlled substance, his sentence should not…”
State v. Bell, 561 P.3d 562 (Kan. Ct. App. 2024).
— K.S.A. § 21-4705(f) — 3 cases
State v. Andelt, 217 P.3d 976 (Kan. 2009). “21-4603d(n) states in relevant part: “Except as provided by subsection (f) of K.S.A. 21-4705, and amendments thereto, in addition to any of the above, for felony violations of K.”
State v. Casey, 211 P.3d 847 (Kan. Ct. App. 2009). “21-4729: “Except as provided by subsection (f) of K.S.A. 21-4705, and amendments thereto, in addition to any of the above, for felony violations of K.”
State v. Andelt, 195 P.3d 1220 (Kan. Ct. App. 2008).
— K.S.A. § 21-4705(f)(2) — 1 case
State v. Casey, 211 P.3d 847 (Kan. Ct. App. 2009). “21-4729: “Except as provided by subsection (f) of K.S.A. 21-4705, and amendments thereto, in addition to any of the above, for felony violations of K.”
— K.S.A. § 21-4705(f)(l) — 1 case
State v. Casey, 211 P.3d 847 (Kan. Ct. App. 2009). “21-4729: “Except as provided by subsection (f) of K.S.A. 21-4705, and amendments thereto, in addition to any of the above, for felony violations of K.”
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