K.S.A. » Chapter 22

K.S.A. § 22-3209

Pleas; effect

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22-3209. Pleas; effect. (1) A plea of guilty is admission of the truth of the charge and every material fact alleged therein.

(2) A plea of nolo contendere is a formal declaration that the defendant does not contest the charge. When a plea of nolo contendere is accepted by the court, a finding of guilty may be adjudged thereon. The plea cannot be used against the defendant as an admission in any other action based on the same act.

(3) A plea of not guilty denies and puts in issue every material fact alleged in the charge.

(4) If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty on behalf of the defendant.

History: L. 1970, ch. 129, § 22-3209; July 1.

Notes of Decisions
Cited in 26 cases (7 in the last 5 years), 1979–2025 · leading case: State v. Morley
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State v. Morley (2021) kan · cites it 3× “"); K.S.A. 22-3209(2) ("A plea of nolo contendere is a formal declaration that the defendant does not contest the charge.”
Beauclair v. State (2018) kan “3d 1134 (quoting K.S.A. 22-3209[1] ). Ultimately, "upon a plea of guilty, there can be no review of the sufficiency of the evidence in a K.”
Mashaney v. Board of Indigents' Defense Services (2013) kanctapp · cites it 4× “) K.S.A. 22-3209(1). Kansas does not distinguish between an Alford plea and a guilty plea in terms of their effect on the defendant once he or she enters the plea.”
State v. Case (2009) kan · cites it 2× “See K.S.A. 22-3209(1) (“[a] plea of guilty is admission of the truth of the charge and every material fact alleged therein”).”
Woods v. State (2016) kanctapp “” K.S.A. 22-3209(1); Hughes v. State, 206 Kan.”
State v. Jolly (2015) kan “See K.S.A. 22-3209(1) (“A plea of guiliy is admission of the truth of the charge and every material fact alleged therein.”
State v. Calderon (1983) kan · cites it 2× “K.S.A. 22-3209(2). Under K.S.A. 22-3210(4), before accepting a plea of guilty or nolo contendere, the court must first find that a factual basis exists for the plea.”
State v. Ballard (2009) kan “Second, by Ballard’s own admission, 22-3717(d)(l)(G) clearly does apply to him.”
State v. Stough (2002) kan “While K.S.A. 22-3209(2) does say that a “plea of nolo contendere is a formal declaration that the defendant does not contest the charge,” this does not override or nullify the rights granted by 22-3210(d) to withdraw that plea “to correct manifest injustice.”
State v. Donesay (1998) kan “K.S.A. 22-3209(1) and (3) set out the effects of various pleas in criminal proceedings: “A plea of guilty is admission of the truth of the charge and every material fact alleged therein.”
Lill v. State (1979) kanctapp · cites it 2× “That plea is defined in K.S.A. 22-3209(2) as follows: “A plea of nolo contendere is a formal declaration that the defendant does not contest the charge.”
State v. Theurer (2014) kanctapp “” K.S.A. 22-3209(2). Thus, a no contest plea “is a plea where the defendant does not expressly admit his or her guilt to the charge.”
Show all 26 citing cases →
— K.S.A. § 22-3209(1) — 9 cases
State v. Morley (2021) kan “"); K.S.A. 22-3209(2) ("A plea of nolo contendere is a formal declaration that the defendant does not contest the charge.”
Woods v. State (2016) kanctapp “” K.S.A. 22-3209(1); Hughes v. State, 206 Kan.”
State v. Jolly (2015) kan “See K.S.A. 22-3209(1) (“A plea of guiliy is admission of the truth of the charge and every material fact alleged therein.”
Mashaney v. Board of Indigents' Defense Services (2013) kanctapp “) K.S.A. 22-3209(1). Kansas does not distinguish between an Alford plea and a guilty plea in terms of their effect on the defendant once he or she enters the plea.”
State v. Case (2009) kan “See K.S.A. 22-3209(1) (“[a] plea of guilty is admission of the truth of the charge and every material fact alleged therein”).”
— K.S.A. § 22-3209(2) — 18 cases
State v. Morley (2021) kan “"); K.S.A. 22-3209(2) ("A plea of nolo contendere is a formal declaration that the defendant does not contest the charge.”
State v. Calderon (1983) kan “K.S.A. 22-3209(2). Under K.S.A. 22-3210(4), before accepting a plea of guilty or nolo contendere, the court must first find that a factual basis exists for the plea.”
State v. Ballard (2009) kan “Second, by Ballard’s own admission, 22-3717(d)(l)(G) clearly does apply to him.”
State v. Stough (2002) kan “While K.S.A. 22-3209(2) does say that a “plea of nolo contendere is a formal declaration that the defendant does not contest the charge,” this does not override or nullify the rights granted by 22-3210(d) to withdraw that plea “to correct manifest injustice.”
State v. Case (2009) kan “See K.S.A. 22-3209(1) (“[a] plea of guilty is admission of the truth of the charge and every material fact alleged therein”).”
— K.S.A. § 22-3209(3) — 1 case
State v. Toliver (2020) kanctapp
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