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

K.S.A. § 22-3601 (2026)

Appellate jurisdiction of court of appeals and supreme court in criminal cases

✓ current as of May 2026
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22-3601. Appellate jurisdiction of court of appeals and supreme court in criminal cases. (a) Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken to the court of appeals, except in those cases reviewable by law in the district court or in which a direct appeal to the supreme court is required. Whenever an interlocutory appeal is permitted in a criminal case in the district court, such appeal shall be taken to the court of appeals.

(b) Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken directly to the supreme court in the following cases:

(1) Any case in which a statute of this state or of the United States has been held unconstitutional;

(2) any case in which the defendant has been convicted of a class A felony;

(3) any case in which a maximum sentence of life imprisonment has been imposed, unless the maximum sentence has been imposed pursuant to K.S.A. 21-4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto; and

(4) except as provided further, any case in which the crime was committed on or after July 1, 1993, and the defendant has been convicted of an off-grid crime. The provisions of this paragraph shall not apply to any case in which the off-grid crime was:

(A) Aggravated human trafficking, K.S.A. 21-5426(c)(3), and amendments thereto;

(B) rape, K.S.A. 21-5503(b)(2)(B), and amendments thereto;

(C) aggravated criminal sodomy, K.S.A. 21-5504(c)(2)(B)(ii), and amendments thereto;

(D) aggravated indecent liberties with a child, K.S.A. 21-5506(c)(2)(C)(ii), and amendments thereto;

(E) sexual exploitation of a child, K.S.A. 21-5510(b)(2)(B), and amendments thereto;

(F) aggravated internet trading in child pornography, K.S.A. 21-5514(c)(3), and amendments thereto;

(G) commercial sexual exploitation of a child, K.S.A. 21-6422(b)(2), and amendments thereto; or

(H) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony.

History: L. 1970, ch. 129, § 22-3601; L. 1975, ch. 178, § 21; L. 1989, ch. 102, § 1; L. 1992, ch. 239, § 262; L. 2011, ch. 100, § 9; L. 2013, ch. 120, § 26; L. 2017, ch. 78, § 19; July 1.

Notes of Decisions
Cited in 577 cases (79 in the last 5 years), 1977–2026 · leading case: State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019).
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State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). · cites it 8× “Garcia-Garcia explained he first docketed his case with the Court of Appeals because he considered K.S.A. 2016 Supp. 22-3601(b) ambiguous on which appellate court had jurisdiction.”
– State v. Smith –, 456 P.3d 1004 (Kan. 2020). · cites it 5× “22-3601 provides that "[a]ny appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken to the court of appeals, except in those cases reviewable by law in the district court or in which a direct appeal to the supreme court is required.”
State v. Legero, 91 P.3d 1216 (Kan. 2004). · cites it 10× “" In prior cases, this court has accepted jurisdiction pursuant to K.S.A. 22-3601 when the defendant has appealed from a revocation of probation and, thus, implicitly recognized that a probation revocation order is a "final judgment.”
State v. Clark, 486 P.3d 591 (Kan. 2021). · cites it 6× “Specifically, "[a]ppeals from the district court to the court of appeals in criminal cases" and "[d]irect appeals from the district court to the supreme court in criminal cases shall be as prescribed by K.S.A. 22-3601 and 22-3602, and amendments thereto.”
State v. Marinelli, 415 P.3d 405 (Kan. 2018). · cites it 4× “Appeals from the district court to the Court of Appeals in criminal cases are subject to K.S.A. 2017 Supp. 22-3601 and K.S.A. 2017 Supp.”
State v. Berreth, 273 P.3d 752 (Kan. 2012). · cites it 6× “Direct appeals from the district court to the supreme court in criminal cases shall be as prescribed by K.S.A. 22-3601 and 22-3602, and amendments thereto.”
State v. Miller, 427 P.3d 907 (Kan. 2018). · cites it 2× “Miller raises 10 issues in this appeal, albeit we take the liberty of consolidating or separating the issues when we see fit to do so, as well as rearranging the order in which we address them.”
State v. Ballard, 218 P.3d 432 (Kan. 2009). · cites it 3× “See K.S.A. 22-3601(b)(1) (jurisdiction to review convictions of off-grid crimes committed on or after July 1, 1993).”
State v. Verge, 34 P.3d 449 (Kan. 2001). · cites it 3× “He appeals directly to our court pursuant to K.S.A. 22-3601(b)(l). Factual and procedural background This is a companion case to State v.”
State v. McCaslin, 245 P.3d 1030 (Kan. 2011). · cites it 2× “Our jurisdiction of his direct appeal is under K.S.A. 22-3601(b)(1), conviction of an off-grid crime.”
State v. Reid, 186 P.3d 713 (Kan. 2008). · cites it 2× “Our jurisdiction is under K.S.A. 22-3601(b)(1) (conviction of an off-grid crime).”
State v. DeAnda, 411 P.3d 330 (Kan. 2018). · cites it 2× “K.S.A. 2016 Supp. 22-3601(b)(4) ("[A]ny case in which the crime was committed on or after July 1, 1993, and the defendant has been convicted of an off-gird crime.”
Show all 577 citing cases →
— K.S.A. § 22-3601(a) — 30 cases
– State v. Smith –, 456 P.3d 1004 (Kan. 2020). “22-3601 provides that "[a]ny appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken to the court of appeals, except in those cases reviewable by law in the district court or in which a direct appeal to the supreme court is required.”
State v. Legero, 91 P.3d 1216 (Kan. 2004). “" In prior cases, this court has accepted jurisdiction pursuant to K.S.A. 22-3601 when the defendant has appealed from a revocation of probation and, thus, implicitly recognized that a probation revocation order is a "final judgment.”
State v. Berreth, 273 P.3d 752 (Kan. 2012). “Direct appeals from the district court to the supreme court in criminal cases shall be as prescribed by K.S.A. 22-3601 and 22-3602, and amendments thereto.”
State v. Sales, 224 P.3d 546 (Kan. 2010).
State v. Calderon, 13 P.3d 871 (Kan. 2000).
— K.S.A. § 22-3601(a)(l) — 1 case
State v. Miller, 912 P.2d 722 (Kan. 1996).
— K.S.A. § 22-3601(b) — 30 cases
State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). “Garcia-Garcia explained he first docketed his case with the Court of Appeals because he considered K.S.A. 2016 Supp. 22-3601(b) ambiguous on which appellate court had jurisdiction.”
State v. Rizo, 377 P.3d 419 (Kan. 2016).
State v. Davis, 61 P.3d 701 (Kan. 2003).
State v. Brown, 284 P.3d 977 (Kan. 2012).
State v. Randle, 462 P.3d 624 (Kan. 2020).
— K.S.A. § 22-3601(b)(1) — 124 cases
State v. Moyer, 410 P.3d 71 (Kan. 2015).
State v. Moses, 127 P.3d 330 (Kan. 2006).
State v. McCaslin, 245 P.3d 1030 (Kan. 2011). “Our jurisdiction of his direct appeal is under K.S.A. 22-3601(b)(1), conviction of an off-grid crime.”
State v. Reid, 186 P.3d 713 (Kan. 2008). “Our jurisdiction is under K.S.A. 22-3601(b)(1) (conviction of an off-grid crime).”
State v. Engelhardt, 119 P.3d 1148 (Kan. 2005).
— K.S.A. § 22-3601(b)(10) — 1 case
State v. Spotts, 206 P.3d 510 (Kan. 2009).
— K.S.A. § 22-3601(b)(2) — 17 cases
State v. Huffman, 612 P.2d 630 (Kan. 1980).
State v. Durrant, 769 P.2d 1174 (Kan. 1989).
State v. Beard, 49 P.3d 492 (Kan. 2002).
State v. Bryan, 910 P.2d 212 (Kan. 1996).
State v. Long, 58 P.3d 706 (Kan. 2002).
— K.S.A. § 22-3601(b)(3) — 154 cases
State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). “Garcia-Garcia explained he first docketed his case with the Court of Appeals because he considered K.S.A. 2016 Supp. 22-3601(b) ambiguous on which appellate court had jurisdiction.”
State v. Miller, 427 P.3d 907 (Kan. 2018). “Miller raises 10 issues in this appeal, albeit we take the liberty of consolidating or separating the issues when we see fit to do so, as well as rearranging the order in which we address them.”
State v. Butler, 416 P.3d 116 (Kan. 2018).
State v. Blansett, 435 P.3d 1136 (Kan. 2019).
State v. Salary, 437 P.3d 953 (Kan. 2019).
— K.S.A. § 22-3601(b)(4) — 13 cases
State v. DeAnda, 411 P.3d 330 (Kan. 2018). “K.S.A. 2016 Supp. 22-3601(b)(4) ("[A]ny case in which the crime was committed on or after July 1, 1993, and the defendant has been convicted of an off-gird crime.”
State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). “Garcia-Garcia explained he first docketed his case with the Court of Appeals because he considered K.S.A. 2016 Supp. 22-3601(b) ambiguous on which appellate court had jurisdiction.”
– State v. Patterson –, 455 P.3d 792 (Kan. 2020).
State v. George, 466 P.3d 469 (Kan. 2020).
State v. Williams, 429 P.3d 201 (Kan. 2018).
— K.S.A. § 22-3601(b)(4)(G) — 1 case
State v. Garcia-Garcia, 441 P.3d 52 (Kan. 2019). “Garcia-Garcia explained he first docketed his case with the Court of Appeals because he considered K.S.A. 2016 Supp. 22-3601(b) ambiguous on which appellate court had jurisdiction.”
— K.S.A. § 22-3601(b)(l) — 199 cases
State v. Verge, 34 P.3d 449 (Kan. 2001). “He appeals directly to our court pursuant to K.S.A. 22-3601(b)(l). Factual and procedural background This is a companion case to State v.”
State v. Ryce, 368 P.3d 342 (Kan. 2016).
State v. Ballard, 218 P.3d 432 (Kan. 2009). “See K.S.A. 22-3601(b)(1) (jurisdiction to review convictions of off-grid crimes committed on or after July 1, 1993).”
State v. Kelly, 318 P.3d 987 (Kan. 2014).
State v. McCullough, 270 P.3d 1142 (Kan. 2012).
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