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

K.S.A. § 21-4715 (2026)

✓ current as of May 2026
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21-4715.

History: L. 1992, ch. 239, § 15; L. 2002, ch. 163, § 3; L. 2009, ch. 132, § 13; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 38 cases (1 in the last 5 years), 1994–2021 · leading case: State v. Vandervort, 72 P.3d 925 (Kan. 2003).
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State v. Vandervort, 72 P.3d 925 (Kan. 2003). · cites it 9× “” The July 1, 1993, version of K.S.A. 21-4715 applies to Vander-vort, not the 2002 amendment, which did not go into effect until July 1, 2002.”
State v. Schow, 197 P.3d 825 (Kan. 2008). · cites it 9× “21-4714 begins in subsection (a) by directing that “[t]he court shall order the preparation of the presentence investigation [PSI] report by the court services officer [CSO] as soon as possible after conviction of the defendant.”
State v. Hankins, 372 P.3d 1124 (Kan. 2016). · cites it 6× “One argument adopts Judge Atcheson’s position that the 2009 amendment to K.S.A. 21-4715(c-) “effectively negates the invited error doctrine with respect to a defendant’s *230 criminal history and, thus, allows a defendant to challenge a legal mistake in his or her criminal…”
State v. Thomas, 383 P.3d 152 (Kan. Ct. App. 2016). · cites it 10× “" K.S.A. 21-4715. See State v. Schow, 287 Kan.”
State v. Hankins, 880 P.2d 271 (Kan. Ct. App. 1994). · cites it 10× “The real issue is, what must the State do in order to challenge the criminal history? K.S.A. 1993 Supp. 21-4715 clearly provides that the State has the burden to prove a defendant’s criminal history unless the offender admits his or her criminal history in open court.”
State v. Schow, 161 P.3d 222 (Kan. Ct. App. 2007). · cites it 13× “" Pursuant to K.S.A.2006 Supp. 21-4715, once a PSI report has been prepared, the criminal history worksheet shall satisfy the State's burden of proof regarding the defendant's criminal history, unless an objection is filed to the report.”
State v. Hughes, 224 P.3d 1149 (Kan. 2010). · cites it 3× “Gilchrists Waiver Requirements For his first issue, the appellant argues that two of his prior convictions should not have been included in the calculation of his criminal history because the written waiver of the right to counsel that he signed in those cases did not include a…”
State v. Delacruz, 899 P.2d 1042 (Kan. 1995). · cites it 3× “If the State is unable to produce evidence under the provisions of K.S.A. 1994 Supp. 21-4715(c) that the defendant was either represented by counsel or waived counsel, this misdemeanor battery conviction resulting in jail time is unconstitutional under Scott and may not be used…”
State v. Dickey, 350 P.3d 1054 (Kan. 2015). “Notably, the defendant failed to provide written notice pursuant to K.S.A. 21-4715(c) (recodified at K.S.A. 2014 Supp.”
State v. Mosley, 965 P.2d 848 (Kan. Ct. App. 1998). · cites it 4× “K.S.A. 21-4715 sets out the procedure for proving a defendant’s criminal history when the defendant objects to the proposed criminal history.”
State v. Hankins, 319 P.3d 571 (Kan. Ct. App. 2014). · cites it 4× “The statute recodifies K.S.A. 21-4715. The Kansas Legislature added the italicized portion of subsection (c) in 2009.”
State v. White, 931 P.2d 1250 (Kan. Ct. App. 1997). · cites it 5× “’' in a hearing pursuant to K.S.A. 1994 Supp. 21-4715 using copies of official court documents, those documents must meet the authentication requirements under K.”
Show all 38 citing cases →
— K.S.A. § 21-4715(a) — 16 cases
State v. Thomas, 383 P.3d 152 (Kan. Ct. App. 2016). “" K.S.A. 21-4715. See State v. Schow, 287 Kan.”
State v. Hankins, 880 P.2d 271 (Kan. Ct. App. 1994). “The real issue is, what must the State do in order to challenge the criminal history? K.S.A. 1993 Supp. 21-4715 clearly provides that the State has the burden to prove a defendant’s criminal history unless the offender admits his or her criminal history in open court.”
State v. Tolliver, 916 P.2d 725 (Kan. Ct. App. 1996).
State v. Schow, 161 P.3d 222 (Kan. Ct. App. 2007). “" Pursuant to K.S.A.2006 Supp. 21-4715, once a PSI report has been prepared, the criminal history worksheet shall satisfy the State's burden of proof regarding the defendant's criminal history, unless an objection is filed to the report.”
State v. Pope, 927 P.2d 503 (Kan. Ct. App. 1996).
— K.S.A. § 21-4715(b) — 8 cases
State v. Schow, 197 P.3d 825 (Kan. 2008). “21-4714 begins in subsection (a) by directing that “[t]he court shall order the preparation of the presentence investigation [PSI] report by the court services officer [CSO] as soon as possible after conviction of the defendant.”
State v. Hankins, 880 P.2d 271 (Kan. Ct. App. 1994). “The real issue is, what must the State do in order to challenge the criminal history? K.S.A. 1993 Supp. 21-4715 clearly provides that the State has the burden to prove a defendant’s criminal history unless the offender admits his or her criminal history in open court.”
State v. Presha, 8 P.3d 14 (Kan. Ct. App. 2000).
State v. Long, 225 P.3d 754 (Kan. Ct. App. 2010).
State v. Loggins, 194 P.3d 31 (Kan. Ct. App. 2008).
— K.S.A. § 21-4715(c) — 24 cases
State v. Hankins, 372 P.3d 1124 (Kan. 2016). “One argument adopts Judge Atcheson’s position that the 2009 amendment to K.S.A. 21-4715(c-) “effectively negates the invited error doctrine with respect to a defendant’s *230 criminal history and, thus, allows a defendant to challenge a legal mistake in his or her criminal…”
State v. Vandervort, 72 P.3d 925 (Kan. 2003). “” The July 1, 1993, version of K.S.A. 21-4715 applies to Vander-vort, not the 2002 amendment, which did not go into effect until July 1, 2002.”
State v. Schow, 197 P.3d 825 (Kan. 2008). “21-4714 begins in subsection (a) by directing that “[t]he court shall order the preparation of the presentence investigation [PSI] report by the court services officer [CSO] as soon as possible after conviction of the defendant.”
State v. Schow, 161 P.3d 222 (Kan. Ct. App. 2007). “" Pursuant to K.S.A.2006 Supp. 21-4715, once a PSI report has been prepared, the criminal history worksheet shall satisfy the State's burden of proof regarding the defendant's criminal history, unless an objection is filed to the report.”
State v. Hughes, 224 P.3d 1149 (Kan. 2010). “Gilchrists Waiver Requirements For his first issue, the appellant argues that two of his prior convictions should not have been included in the calculation of his criminal history because the written waiver of the right to counsel that he signed in those cases did not include a…”
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