Kansas Statutes Annotated

K.S.A. § 22-3607 (2026)

Disposition of defendant when judgment reversed on appeal

✓ current as of May 2026

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22-3607. Disposition of defendant when judgment reversed on appeal. When a judgment of conviction or sentence is reversed, and it appears that no crime has been committed, the appellate court shall direct that the defendant be discharged. If it appears that the defendant is guilty of a crime, although improperly charged, the appellate court shall order the defendant to be held in custody, subject to the order of the court in which he or she was convicted.

History: L. 1970, ch. 129, § 22-3607; L. 1975, ch. 178, § 26; January 10, 1977.

Notes of Decisions

Cited in 3 cases, 2001–2013 · leading case: State v. Alonzo, 297 P.3d 300 (Kan. 2013).

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State v. Alonzo, 297 P.3d 300 (Kan. 2013). “21-4611(c)(5). In contrast, those courts hearing Holt’s appeal and subsequent resentencing on remand retained jurisdiction because Holt appealed his original sentence.”

In the Interest of M.E.B., 29 P.3d 471 (Kan. Ct. App. 2001). “22-3426; K.S.A. 22-3607. The term “conviction” is defined as: “1.”

In Re Meb, 29 P.3d 471 (Kan. Ct. App. 2001). “22-3426; K.S.A. 22-3607. The term "conviction" is defined as: "1.”

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