History:
L. 1992, ch. 239, § 23; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.
CASE ANNOTATIONS
1. Indeterminate sentence properly imposed where nonsupport of child occurred both before and after July 1, 1993. State v. Krumroy, 22 Kan. App. 2d 794, 802, 923 P.2d 1044 (1996).
2. KSGA (K.S.A. 21-4701 et seq.) does not apply if any essential element of crime occurred before effective date of KSGA. State v. Loffer, 24 Kan. App. 2d 495, 498, 947 P.2d 458 (1997).
3. Lessor offense or sentence is required if jury verdict is nonspecific as to whether act was committed before or after effective date of amended statute. State v. Mullins, 267 Kan. 84, 99, 977 P.2d 931 (1999).
4. Retroactive application of Kansas sentencing guidelines is the exception, not the rule. State v. Jeffries, 304 Kan. 748, 752, 375 P.3d 316 (2016).
State v. Denney, 101 P.3d 1257 (Kan. 2004). · cites it 2דSee K.S.A. 21-4723. Accordingly, Denney was charged with, and eventually convicted of a Class B felony, aggravated criminal sodomy; a Class D felony, aggravated sexual battery; and a Class E felony, aggravated weapons violation.”
State v. Denney, 156 P.3d 1275 (Kan. 2007). · cites it 2דSee K.S.A. 21-4723. Accordingly, Denney was charged with, and eventually convicted of a Class B felony, aggravated criminal sodomy; a Class D felony, aggravated sexual battery; and a Class E felony, aggravated weapons violation.”
State v. Mullins, 977 P.2d 931 (Kan. 1999). · cites it 2דThis result is clearly also required by the wording of K.S.A. 21-4723 that if it cannot be determined whether a crime was committed on or after July 1, 1993, the person committing such crime shall be sentenced as if such crime had been committed prior to July 1, 1993.”
State v. Fierro, 895 P.2d 186 (Kan. 1995). · cites it 2דThat rule is codified in K.S.A. 1993 Supp. 21-4723 and K.S.A. 1993 Supp.”
State v. Whitaker, 917 P.2d 859 (Kan. 1996). “That rule is reflected in K.S.A. 21-4723 and K.S.A. 21-4724(f), which require the sentencing court to impose a sentence as provided pursuant to law as the law existed prior to July 1, 1993, for crimes committed prior to that date.”
State v. Jeffries, 375 P.3d 316 (Kan. 2016). “To the contrary K.S.A. 21-4723 (Furse 1995) made it crystal clear that the retroactive application of the KSGA was the exception rather tiran the rule when it declared: “Except as provided in K.”
State v. Krumroy, 923 P.2d 1044 (Kan. Ct. App. 1996). “We conclude Krumroy s argument has no merit and that this issue is controlled by the following provisions of K.S.A 21-4723: “If it cannot be determined whether the crime was committed on or after July 1, 1993, the person convicted of committing such crime shall be sentenced as…”
State v. Roseborough, 951 P.2d 532 (Kan. 1997). “Further, K.S.A. 21-4723 provides that, except as provided in K.”
State v. Williams, 244 P.3d 667 (Kan. 2010). “K.S.A. 21-4723 (“prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed”).”
State v. Loffer, 947 P.2d 458 (Kan. Ct. App. 1997). “K.S.A. 21-4723 provides: “Except as provided in K.”
State v. Lee (Kan. 2017). “21-4711[e]'s ambiguity language, whereas the Jeffries court applied K.S.A. 21-4723 [Furse 1995], which was "crystal clear" about the KSGA's retroactive application eligibility).”
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