K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3403 (2026)

Method of trial of felony cases

✓ current as of May 2026
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22-3403. Method of trial of felony cases. (1) The defendant and prosecuting attorney, with the consent of the court, may submit the trial of any felony to the court. All other trials of felony cases shall be by jury.

(2) A jury in a felony case shall consist of twelve members. However the parties may agree in writing, at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than twelve.

(3) When the trial is to a jury, questions of law shall be decided by the court and issues of fact shall be determined by the jury.

History: L. 1970, ch. 129, § 22-3403; July 1.

Notes of Decisions
Cited in 56 cases (9 in the last 5 years), 1977–2026 · leading case: State v. Kleypas, 40 P.3d 139 (Kan. 2001).
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State v. Kleypas, 40 P.3d 139 (Kan. 2001). · cites it 2× “The jury at the sentencing proceeding may be waived in the manner provided by K.S.A. 22-3403 and amendments thereto for waiver of a trial jury.”
State v. Lowery, 427 P.3d 865 (Kan. 2018). “That argument has statutory support at K.S.A. 22-3403(3) : "When the trial is to a jury, questions of law shall be decided by the court and issues of fact shall be determined by the jury.”
State v. Redick, 414 P.3d 1207 (Kan. 2018). · cites it 2× “The Sixth Amendment to the United States Constitution and Sections 5 and 10 of the Kansas Constitution Bill of Rights guarantee a criminal defendant the right to a jury trial, as does K.S.A. 22-3403(1), which states that all felony cases will be tried to juries, unless "the…”
State v. Frye, 277 P.3d 1091 (Kan. 2012). · cites it 2× “As the Court of Appeals correctly observed: “K.S.A. 22-3403(1) requires all felony cases be tried to a jury unless the defendant and the State, with the district court’s consent, submit the matter to a bench trial.”
State v. Bennett., 347 P.3d 229 (Kan. Ct. App. 2015). · cites it 3× “21-6817(b)(4); K.S.A. 22-3403. It reiterated that, “to be constitutionally valid, a waiver of rights in guilty or no contest pleas must be voluntary, knowing, and intelligent acts performed with sufficient knowledge of the relevant circumstances and likely consequences.”
State v. Gideon, 894 P.2d 850 (Kan. 1995). · cites it 2× “He argues that the legislature has clearly expressed its intent that a jury determine imposition of the hard 40 sentence unless waived *597 in a manner provided by K.S.A. 22-3403 (waiver of jury trial in felony cases).”
State v. Boothby, 448 P.3d 416 (Kan. 2019). “60-247(d) (requiring jurors to "swear or affirm to . . . return a verdict according to the law and the evidence"); K.”
State v. Rizo, 377 P.3d 419 (Kan. 2016). “See also K.S.A. 22-3403(1) (“The defendant and prosecuting attorney, with the consent of the court, may submit tire trial of any felony to tire court.”
State v. Larraco, 93 P.3d 725 (Kan. Ct. App. 2004). · cites it 2× “RIGHT TO JURY TRIAL NOT WAIVED There is no more fundamental right in the United States than the right to a juiy trial.”
State v. Beaman, 286 P.3d 876 (Kan. 2012). “K.S.A. 22-3403 (defendant can submit felony case to court instead of jury with consent); State v.”
State v. Roland, 807 P.2d 705 (Kan. Ct. App. 1991). · cites it 4× “22-2103, which states that the criminal procedure code is intended to provide for the just determination of every criminal proceeding, the State argues that K.S.A. 22-3403 should not be construed technically.”
State v. White, 67 P.3d 138 (Kan. 2003). “See K.S.A. 22-3403. Absent a written agreement, the trial court was left with declaring a mistrial, and did not abuse its discretion in doing so.”
Show all 56 citing cases →
— K.S.A. § 22-3403(1) — 24 cases
State v. Redick, 414 P.3d 1207 (Kan. 2018). “The Sixth Amendment to the United States Constitution and Sections 5 and 10 of the Kansas Constitution Bill of Rights guarantee a criminal defendant the right to a jury trial, as does K.S.A. 22-3403(1), which states that all felony cases will be tried to juries, unless "the…”
State v. Frye, 277 P.3d 1091 (Kan. 2012). “As the Court of Appeals correctly observed: “K.S.A. 22-3403(1) requires all felony cases be tried to a jury unless the defendant and the State, with the district court’s consent, submit the matter to a bench trial.”
State v. Rizo, 377 P.3d 419 (Kan. 2016). “See also K.S.A. 22-3403(1) (“The defendant and prosecuting attorney, with the consent of the court, may submit tire trial of any felony to tire court.”
State v. Larraco, 93 P.3d 725 (Kan. Ct. App. 2004). “RIGHT TO JURY TRIAL NOT WAIVED There is no more fundamental right in the United States than the right to a juiy trial.”
State v. Bennett., 347 P.3d 229 (Kan. Ct. App. 2015). “21-6817(b)(4); K.S.A. 22-3403. It reiterated that, “to be constitutionally valid, a waiver of rights in guilty or no contest pleas must be voluntary, knowing, and intelligent acts performed with sufficient knowledge of the relevant circumstances and likely consequences.”
— K.S.A. § 22-3403(2) — 5 cases
State v. Morfitt, 956 P.2d 719 (Kan. Ct. App. 1998).
State v. Roland, 807 P.2d 705 (Kan. Ct. App. 1991). “22-2103, which states that the criminal procedure code is intended to provide for the just determination of every criminal proceeding, the State argues that K.S.A. 22-3403 should not be construed technically.”
State v. Hood, 744 P.2d 816 (Kan. 1987).
State v. Simpson, 32 P.3d 1226 (Kan. Ct. App. 2001).
State v. Nelson, 573 P.2d 602 (Kan. 1977).
— K.S.A. § 22-3403(3) — 4 cases
State v. Lowery, 427 P.3d 865 (Kan. 2018). “That argument has statutory support at K.S.A. 22-3403(3) : "When the trial is to a jury, questions of law shall be decided by the court and issues of fact shall be determined by the jury.”
State v. Boothby, 448 P.3d 416 (Kan. 2019). “60-247(d) (requiring jurors to "swear or affirm to . . . return a verdict according to the law and the evidence"); K.”
State v. Dominguez, 328 P.3d 1094 (Kan. 2014).
State v. Montgomery (Kan. 2026).
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