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

K.S.A. § 21-4713 (2026)

✓ current as of May 2026
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21-4713.

History: L. 1992, ch. 239, § 13; L. 1994, ch. 291, § 56; L. 1994, ch. 338, § 11; L. 2009, ch. 32, § 36; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1994–2026 · leading case: State v. Montgomery, 286 P.3d 866 (Kan. 2012).
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State v. Montgomery, 286 P.3d 866 (Kan. 2012). “K.S.A. 21-4713(1) (prosecutor is not permitted to “make any agreement to exclude any prior conviction from the criminal history of the defendant”).”
State v. Taylor, 939 P.2d 904 (Kan. 1997). · cites it 2× “As authority for this argument, Taylor cites K.S.A. 21-4713(f), which provides that the prosecutor may not make any agreement to exclude any prior conviction from the criminal history of the defendant.”
State v. Haskins, 942 P.2d 16 (Kan. 1997). · cites it 2× “” K.S.A. 21-4713(f). Further, K.S.A. 21-4707(c)(4) provides in pertinent part: “Any such prior convictions discovered after the plea, has been accepted by the court shall be counted in the determination of the criminal history of the offender.”
State v. Boley, 113 P.3d 248 (Kan. 2005). “See K.S.A. 21-4713 (listing the actions prosecutor may take under plea agreements; prosecutor may recommend sentence); State v.”
Edwards v. State, 25 P.3d 142 (Kan. Ct. App. 2001). · cites it 3× “21-3807(a)(l) as Edwards suggests would contradict K.S.A. 21-4713, which provides: “The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a…”
State v. Unruh, 946 P.2d 1369 (Kan. 1997). · cites it 3× “The provisions of K.S.A. 21-4713 set forth actions which prosecutors may take under agreements with defendants for plea, including exceptions relating to prior convictions.”
State v. McCarley, 166 P.3d 418 (Kan. Ct. App. 2007). · cites it 2× “See K.S.A. 21-4713. Unquestionably, the prosecuting attorney is the representative of the State in criminal prosecutions, and he or she controls the prosecution.”
State v. Hankins, 880 P.2d 271 (Kan. Ct. App. 1994). “K.S.A. 1993 Supp. 21-4713(f). Ben Coates, in summarizing the recommendations of the Sentencing Commission for the legislature, stressed the importance of an accurate criminal history when urging changes in the methods of recording misdemeanor convictions.”
State v. Chetwood, 170 P.3d 436 (Kan. Ct. App. 2007). “3d 248 (2005); see K.S.A. 21-4713. Sentencing courts are not allowed to be a party to a plea agreement and are not bound by its terms.”
State v. Welty, 98 P.3d 664 (Kan. Ct. App. 2004). “All prior convictions must be included in a defendant’s criminal history score unless they are an element of the present crime, enhance the severity level or applicable penalties, or elevate the classification from misdemeanor to felony.”
State v. Crank, 939 P.2d 890 (Kan. 1997). “” This provision and a similar provision in K.S.A. 21-4713(f) demonstrate the legislature’s intent to continue using convictions under 65-4127a and 65-4127b to enhance the severity of similar subsequent drug crimes.”
Harms v. Cline, 27 F. Supp. 3d 1173 (D. Kan. 2014). “1181 (2008); K.S.A. 21-4713 (permitting a prosecutor to recommend a sentence in a plea agreement, and prohibiting any agreement to exclude a prior conviction from defendant’s criminal history); State v.”
Show all 16 citing cases →
— K.S.A. § 21-4713(1) — 1 case
State v. Montgomery, 286 P.3d 866 (Kan. 2012). “K.S.A. 21-4713(1) (prosecutor is not permitted to “make any agreement to exclude any prior conviction from the criminal history of the defendant”).”
— K.S.A. § 21-4713(f) — 7 cases
State v. Taylor, 939 P.2d 904 (Kan. 1997). “As authority for this argument, Taylor cites K.S.A. 21-4713(f), which provides that the prosecutor may not make any agreement to exclude any prior conviction from the criminal history of the defendant.”
State v. Haskins, 942 P.2d 16 (Kan. 1997). “” K.S.A. 21-4713(f). Further, K.S.A. 21-4707(c)(4) provides in pertinent part: “Any such prior convictions discovered after the plea, has been accepted by the court shall be counted in the determination of the criminal history of the offender.”
State v. Unruh, 946 P.2d 1369 (Kan. 1997). “The provisions of K.S.A. 21-4713 set forth actions which prosecutors may take under agreements with defendants for plea, including exceptions relating to prior convictions.”
State v. Hankins, 880 P.2d 271 (Kan. Ct. App. 1994). “K.S.A. 1993 Supp. 21-4713(f). Ben Coates, in summarizing the recommendations of the Sentencing Commission for the legislature, stressed the importance of an accurate criminal history when urging changes in the methods of recording misdemeanor convictions.”
State v. Crank, 939 P.2d 890 (Kan. 1997). “” This provision and a similar provision in K.S.A. 21-4713(f) demonstrate the legislature’s intent to continue using convictions under 65-4127a and 65-4127b to enhance the severity of similar subsequent drug crimes.”
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