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Kansas Statutes Annotated

K.S.A. § 21-4719 (2026)

✓ current as of May 2026
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21-4719.

History: L. 1992, ch. 239, § 19; L. 1993, ch. 291, § 265; L. 2008, ch. 183, § 7; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 36 cases, 1995–2011 · leading case: State v. Favela, 911 P.2d 792 (Kan. 1996).
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State v. Favela, 911 P.2d 792 (Kan. 1996). · cites it 10× “” In mak *219 ing this assertion, the Desk Reference Manual relies on K.S.A. 1994 Supp. 21-4719, which states: “(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section.”
State v. Gracey, 200 P.3d 1275 (Kan. 2009). · cites it 3× “The plain language of the statute allows the district court to exercise discretion in departing from the sentencing minimum pursuant to K.S.A. 21-4719. In 2008, the legislature amended K.”
State v. Minor, 997 P.2d 648 (Kan. 2000). · cites it 8× “" K.S.A. 21-4719. We held in Favela , that"`the sentencing court was not required to provide separate reasons for the dispositional and durational departures in this instance.”
State v. Sampsel, 997 P.2d 664 (Kan. 2000). · cites it 8× “See K.S.A. 21-4719. We held in Favela that "`the sentencing court was not required to provide separate reasons for the dispositional and durational departures in this instance.”
State v. Spencer, 248 P.3d 256 (Kan. 2011). · cites it 6× “In short, as sometimes happens, this case exposes some "failure to communicate" in our previous general statements of the standards of review governing Jessica's Law and non-Jessica's Law sentencing departure cases. It appears, however, that the following synthesis is workable…”
State v. Favela, 898 P.2d 1165 (Kan. Ct. App. 1995). · cites it 10× “We are further convinced the Kansas appellate courts should examine the sentencing court's reasons for departures in light of the purposes of the sentencing guidelines and the aggravating and mitigating factors listed in K.S.A. 1994 Supp. 21-4716 and K.S.A. 1994 Supp.”
State v. Tiffany, 986 P.2d 1064 (Kan. 1999). · cites it 3× “21-4719(b) provides: “(b) When a sentencing judge departs in setting the duration of a presumptive term of imprisonment: (1) The judge shall consider and apply the enacted purposes and principles of sentencing guidelines to impose a sentence which is proportionate to the…”
State v. Ballard, 218 P.3d 432 (Kan. 2009). “See K.S.A. 2008 Supp. 21-4719(a); Gracey, 288 Kan.”
State v. Snow, 144 P.3d 729 (Kan. 2006). “Pursuant to K.S.A. 21-4719(b)(2), a departure sentence can double the maximum presumptive sentence.”
State v. Boley, 113 P.3d 248 (Kan. 2005). “On the other hand, once the sentencing court agreed it was appropriate to impose a downward departure, the court had the discretion to select the length of sentence it deemed “proportionate to the severity of the crime of conviction and the offender’s criminal his *997 tory”…”
State v. Gideon, 894 P.2d 850 (Kan. 1995). “See K.S.A. 1993 Supp. 21-4719(b); K.S.A. 1993 Supp.”
United States v. Norris, 319 F.3d 1278 (10th Cir. 2003). “§ 21-4704, the presumptive maximum sentences for these two offenses were seven and nine months respectively. However, at the time of these convictions, Kansas law permitted upward departures by the trial court up to “double the maximum duration of the presumptive imprisonment…”
Show all 36 citing cases →
— K.S.A. § 21-4719(a) — 5 cases
State v. Gracey, 200 P.3d 1275 (Kan. 2009). “The plain language of the statute allows the district court to exercise discretion in departing from the sentencing minimum pursuant to K.S.A. 21-4719. In 2008, the legislature amended K.”
State v. Ballard, 218 P.3d 432 (Kan. 2009). “See K.S.A. 2008 Supp. 21-4719(a); Gracey, 288 Kan.”
State v. Spencer, 248 P.3d 256 (Kan. 2011). “In short, as sometimes happens, this case exposes some "failure to communicate" in our previous general statements of the standards of review governing Jessica's Law and non-Jessica's Law sentencing departure cases. It appears, however, that the following synthesis is workable…”
State v. Windom, 932 P.2d 1019 (Kan. Ct. App. 1997).
State v. Floyd, 249 P.3d 431 (Kan. 2011).
— K.S.A. § 21-4719(b) — 6 cases
State v. Tiffany, 986 P.2d 1064 (Kan. 1999). “21-4719(b) provides: “(b) When a sentencing judge departs in setting the duration of a presumptive term of imprisonment: (1) The judge shall consider and apply the enacted purposes and principles of sentencing guidelines to impose a sentence which is proportionate to the…”
State v. Boley, 113 P.3d 248 (Kan. 2005). “On the other hand, once the sentencing court agreed it was appropriate to impose a downward departure, the court had the discretion to select the length of sentence it deemed “proportionate to the severity of the crime of conviction and the offender’s criminal his *997 tory”…”
State v. Gideon, 894 P.2d 850 (Kan. 1995). “See K.S.A. 1993 Supp. 21-4719(b); K.S.A. 1993 Supp.”
State v. Sampsel, 997 P.2d 664 (Kan. 2000). “See K.S.A. 21-4719. We held in Favela that "`the sentencing court was not required to provide separate reasons for the dispositional and durational departures in this instance.”
State v. Favela, 911 P.2d 792 (Kan. 1996). “” In mak *219 ing this assertion, the Desk Reference Manual relies on K.S.A. 1994 Supp. 21-4719, which states: “(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section.”
— K.S.A. § 21-4719(b)(1) — 4 cases
State v. Minor, 997 P.2d 648 (Kan. 2000). “" K.S.A. 21-4719. We held in Favela , that"`the sentencing court was not required to provide separate reasons for the dispositional and durational departures in this instance.”
State v. Favela, 911 P.2d 792 (Kan. 1996). “” In mak *219 ing this assertion, the Desk Reference Manual relies on K.S.A. 1994 Supp. 21-4719, which states: “(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section.”
State v. Sampsel, 997 P.2d 664 (Kan. 2000). “See K.S.A. 21-4719. We held in Favela that "`the sentencing court was not required to provide separate reasons for the dispositional and durational departures in this instance.”
State v. Tiffany, 986 P.2d 1064 (Kan. 1999). “21-4719(b) provides: “(b) When a sentencing judge departs in setting the duration of a presumptive term of imprisonment: (1) The judge shall consider and apply the enacted purposes and principles of sentencing guidelines to impose a sentence which is proportionate to the…”
— K.S.A. § 21-4719(b)(2) — 7 cases
State v. Snow, 144 P.3d 729 (Kan. 2006). “Pursuant to K.S.A. 21-4719(b)(2), a departure sentence can double the maximum presumptive sentence.”
United States v. Norris, 319 F.3d 1278 (10th Cir. 2003). “§ 21-4704, the presumptive maximum sentences for these two offenses were seven and nine months respectively. However, at the time of these convictions, Kansas law permitted upward departures by the trial court up to “double the maximum duration of the presumptive imprisonment…”
State v. Favela, 911 P.2d 792 (Kan. 1996). “” In mak *219 ing this assertion, the Desk Reference Manual relies on K.S.A. 1994 Supp. 21-4719, which states: “(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section.”
State v. Jackson, 936 P.2d 761 (Kan. 1997).
State v. Valentine, 921 P.2d 770 (Kan. 1996).
— K.S.A. § 21-4719(b)(l) — 2 cases
State v. Zuck, 904 P.2d 1005 (Kan. Ct. App. 1995).
State v. Dillon, 244 P.3d 680 (Kan. Ct. App. 2010).
— K.S.A. § 21-4719(c) — 5 cases
State v. Favela, 911 P.2d 792 (Kan. 1996). “” In mak *219 ing this assertion, the Desk Reference Manual relies on K.S.A. 1994 Supp. 21-4719, which states: “(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section.”
State v. Mitchell, 939 P.2d 879 (Kan. 1997).
State v. Eisele, 936 P.2d 742 (Kan. 1997).
State v. Hunter, 911 P.2d 1121 (Kan. Ct. App. 1996).
State v. Sewell, 971 P.2d 1201 (Kan. Ct. App. 1998).
— K.S.A. § 21-4719(c)(2) — 4 cases
State v. Spencer, 248 P.3d 256 (Kan. 2011). “In short, as sometimes happens, this case exposes some "failure to communicate" in our previous general statements of the standards of review governing Jessica's Law and non-Jessica's Law sentencing departure cases. It appears, however, that the following synthesis is workable…”
State v. Favela, 911 P.2d 792 (Kan. 1996). “” In mak *219 ing this assertion, the Desk Reference Manual relies on K.S.A. 1994 Supp. 21-4719, which states: “(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section.”
State v. Favela, 898 P.2d 1165 (Kan. Ct. App. 1995). “We are further convinced the Kansas appellate courts should examine the sentencing court's reasons for departures in light of the purposes of the sentencing guidelines and the aggravating and mitigating factors listed in K.S.A. 1994 Supp. 21-4716 and K.S.A. 1994 Supp.”
State v. Hunter, 911 P.2d 1121 (Kan. Ct. App. 1996).
— K.S.A. § 21-4719(d) — 3 cases
State v. Favela, 911 P.2d 792 (Kan. 1996). “” In mak *219 ing this assertion, the Desk Reference Manual relies on K.S.A. 1994 Supp. 21-4719, which states: “(a) When a departure sentence is appropriate, the sentencing judge may depart from the sentencing guidelines as provided in this section.”
State v. Favela, 898 P.2d 1165 (Kan. Ct. App. 1995). “We are further convinced the Kansas appellate courts should examine the sentencing court's reasons for departures in light of the purposes of the sentencing guidelines and the aggravating and mitigating factors listed in K.S.A. 1994 Supp. 21-4716 and K.S.A. 1994 Supp.”
State v. Dillard, 890 P.2d 1248 (Kan. Ct. App. 1995).
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