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

K.S.A. § 22-3608 (2026)

Time for appeal from judgment of district court

✓ current as of May 2026
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22-3608. Time for appeal from judgment of district court. (a) If sentence is imposed, the defendant may appeal from the judgment of the district court not later than 10 days after the expiration of the district court's power to modify the sentence. The power to revoke or modify the conditions of probation or the conditions of assignment to a community correctional services program shall not be deemed power to modify the sentence. The provisions of this subsection shall not apply to crimes committed on or after July 1, 1993.

(b) If the imposition of sentence is suspended, the defendant may appeal from the judgment of the district court within 10 days after the order suspending imposition of sentence. The provisions of this subsection shall not apply to crimes committed on or after July 1, 1993.

(c) For crimes committed on or after July 1, 1993, the defendant shall have 14 days after the judgment of the district court to appeal.

History: L. 1970, ch. 129, § 22-3608; L. 1986, ch. 123, § 23; L. 1992, ch. 239, § 264; L. 1993, ch. 291, § 197; L. 2010, ch. 135, § 28; July 1.

Notes of Decisions
Cited in 170 cases (56 in the last 5 years), 1977–2026 · leading case: State v. Myers, 697 P.2d 879 (Kan. Ct. App. 1985).
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State v. Myers, 697 P.2d 879 (Kan. Ct. App. 1985). · cites it 30× “K.S.A. 22-3608 (1) and K.S.A. 1984 Supp. 21-4603(3).”
State v. Bost, 903 P.2d 160 (Kan. Ct. App. 1995). · cites it 11× “K.S.A. 1994 Supp. 22-3608 provides in full: “(a) If sentence is imposed, the defendant may appeal from the judgment of the district court not later than 10 days after the expiration of the district court’s power to modify the sentence.”
State v. Davis, 485 P.3d 174 (Kan. 2021). · cites it 2× “Davis claims the clock never started to run on his motion because he never filed an appeal.”
State v. Hemphill, 186 P.3d 777 (Kan. 2008). · cites it 5× “Appeal of Sentences We agree with the decision of the Court of Appeals to remand this portion of Hemphill’s case to the district court for a hearing under Ortiz, 230 Kan. 733 . This court has held on numerous occasions that the filing of a timely notice of appeal is…”
State v. Powell, 425 P.3d 309 (Kan. 2018). · cites it 2× “See K.S.A. 2017 Supp. 22-3608(c) (providing defendant may appeal within 14 days of district court judgment).”
State v. Cheun-Phon Ji, 872 P.2d 748 (Kan. 1994). · cites it 5× “”) K.S.A. 22-3608 was amended the year following that decision.”
State v. Hall, 319 P.3d 506 (Kan. 2014). · cites it 2× “22-3601; K.S.A. 22-3608. Fifth, the timely filing of a notice of appeal ordinarily is jurisdictional, and the failure to file such a notice results in dismissal of the appeal.”
State v. Miller, 926 P.2d 652 (Kan. 1996). · cites it 4× ““The previous holdings concerning the timing for filing a notice of appeal under K.S.A. 1994 Supp. 22-3608 are consistent with the legislature’s elimination of allowing post-sentencing motions to modify.”
State v. Inkelaar, 164 P.3d 844 (Kan. Ct. App. 2007). · cites it 2× “Assessment of attorney fees On appeal, Inkelaar also contends the district court erred in ordering him to reimburse the BIDS for $605 in attorney fees at his original sentencing because the court failed to consider his financial resources or the burden that such an assessment…”
State v. Patton, 195 P.3d 753 (Kan. 2008). · cites it 2× “Kansas appellate courts have jurisdiction only as provided by law, see K.S.A. 22-3608, and an untimely notice of appeal usually leads to dismissal of an action.”
State v. Neer, 795 P.2d 362 (Kan. 1990). · cites it 3× “For Neer to appeal his original conviction for aggravated criminal sodomy, he must do so within 120 days of the imposition of sentence plus the 10 additional days granted under K.S.A. 22-3608(1); thus, Neer had 130 days from the day he was sentenced to appeal the conviction.”
State v. Smith, 377 P.3d 414 (Kan. 2016). “” K.S.A. 22-3608(a). For sentences imposed under K.”
Show all 170 citing cases →
— K.S.A. § 22-3608(1) — 21 cases
State v. Myers, 697 P.2d 879 (Kan. Ct. App. 1985). “K.S.A. 22-3608 (1) and K.S.A. 1984 Supp. 21-4603(3).”
State v. Neer, 795 P.2d 362 (Kan. 1990). “For Neer to appeal his original conviction for aggravated criminal sodomy, he must do so within 120 days of the imposition of sentence plus the 10 additional days granted under K.S.A. 22-3608(1); thus, Neer had 130 days from the day he was sentenced to appeal the conviction.”
State v. Cheun-Phon Ji, 872 P.2d 748 (Kan. 1994). “”) K.S.A. 22-3608 was amended the year following that decision.”
State v. Tripp, 699 P.2d 33 (Kan. 1985).
State v. Wilson, 808 P.2d 434 (Kan. Ct. App. 1991).
— K.S.A. § 22-3608(2) — 2 cases
State v. Brady, 580 P.2d 434 (Kan. Ct. App. 1978).
State v. Wagner, 747 P.2d 114 (Kan. 1987).
— K.S.A. § 22-3608(a) — 10 cases
State v. Smith, 377 P.3d 414 (Kan. 2016). “” K.S.A. 22-3608(a). For sentences imposed under K.”
State v. McDaniel, 877 P.2d 961 (Kan. 1994).
State v. Flynn, 55 P.3d 324 (Kan. 2002).
State v. Bost, 903 P.2d 160 (Kan. Ct. App. 1995). “K.S.A. 1994 Supp. 22-3608 provides in full: “(a) If sentence is imposed, the defendant may appeal from the judgment of the district court not later than 10 days after the expiration of the district court’s power to modify the sentence.”
State v. Thomas, 156 P.3d 1261 (Kan. 2007).
— K.S.A. § 22-3608(c) — 109 cases
State v. Davis, 485 P.3d 174 (Kan. 2021). “Davis claims the clock never started to run on his motion because he never filed an appeal.”
State v. Powell, 425 P.3d 309 (Kan. 2018). “See K.S.A. 2017 Supp. 22-3608(c) (providing defendant may appeal within 14 days of district court judgment).”
State v. Inkelaar, 164 P.3d 844 (Kan. Ct. App. 2007). “Assessment of attorney fees On appeal, Inkelaar also contends the district court erred in ordering him to reimburse the BIDS for $605 in attorney fees at his original sentencing because the court failed to consider his financial resources or the burden that such an assessment…”
State v. Bost, 903 P.2d 160 (Kan. Ct. App. 1995). “K.S.A. 1994 Supp. 22-3608 provides in full: “(a) If sentence is imposed, the defendant may appeal from the judgment of the district court not later than 10 days after the expiration of the district court’s power to modify the sentence.”
State v. Phinney, 122 P.3d 356 (Kan. 2005).
— K.S.A. § 22-3608(c)(2007) — 1 case
Zurita-Cruz (ID 91305) v. Kansas, State of (D. Kan. 2021).
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