Source or Prior Law:

21-3811.

Law Review and Bar Journal References:

"Review of the Proposed Kansas Sentencing Guidelines," Geary N. Gorup, XIV J.K.T.L.A. No. 5, 15 (1991).

Attorney General's Opinions:

Juvenile offenders code; new offense; dispositions; commitment to youth center; custody expense; escape from custody; definition of "custody." 94-71.

CASE ANNOTATIONS

1. Burden of proof on appellant to prove error. State v. Stewart, 208 Kan. 197, 491 P.2d 944.

2. Section applicable only where defendant held on written charge in complaint, information or indictment. State v. Pruett, 213 Kan. 41, 42, 45, 49, 50, 51, 52, 53, 515 P.2d 1051.

3. Plea of guilty to violation of K.S.A. 21-734; prosecution for escape not double jeopardy; no denial of due process. Collins v. State, 215 Kan. 489, 524 P.2d 715.

4. Referred to in determining K.S.A. 21-3611 not unconstitutional as denial of equal protection. State v. Sherk, 217 Kan. 726, 728, 538 P.2d 1399.

5. Party sentenced in absentia did not waive right to be present at sentencing; sentence void; subject to resentence. State v. Fennell, 218 Kan. 170, 542 P.2d 686.

6. Underlying charge in felony murder prosecution was violation of section; improper; judgment reversed and remanded. State v. McCowan, 223 Kan. 329, 331, 332, 573 P.2d 1029.

7. Cited in upholding filing of amended information changing underlying felony in felony murder charge. State v. McCowan, 226 Kan. 752, 753, 759, 602 P.2d 1363.

8. Conviction affirmed; defendant received effective assistance of counsel; sentencing of defendant proper. State v. Rice, 227 Kan. 416, 417, 424, 607 P.2d 489.

9. Providing appointed counsel with pre-sentence report, with instruction defendant be allowed to read same, not error. State v. Grantom, 229 Kan. 517, 625 P.2d 499.

10. Failure to return to custody following release from Missouri hospital when sent by order of court constitutes aggravated escape. State v. Jones, 9 Kan. App. 2d 106, 673 P.2d 455 (1983).

11. Felon who departs community corrections facility without permission or fails to return from leave guilty hereunder; statute constitutional. State v. Garrett, 235 Kan. 768, 775, 684 P.2d 413 (1984).

12. Conviction hereof; restitution to state for costs of capture as condition of early release (K.S.A. 22-3717(k)) examined. State v. Jones, 11 Kan. App. 2d 428, 724 P.2d 146 (1986).

13. Right to call witnesses for defense, application of defense of compulsion in escape from custody cases examined. State v. Pichon, 15 Kan. App. 2d 527, 528, 811 P.2d 517 (1991).

14. Compulsion defense applicable; evidence satisfied requirements of enumerated conditions. State v. Irons, 250 Kan. 302, 305, 827 P.2d 722 (1992).

15. Evidence sufficient to prove juvenile is excluded from jurisdiction of juvenile code examined. State v. Shelton, 252 Kan. 319, 845 P.2d 23 (1993).

16. Appeal by state on question reserved dismissed for failure to properly reserve question for appeal of acquittal. State v. G.W.A., 258 Kan. 703, 906 P.2d 657 (1995).

17. Pre-1996 section inapplicable to escape by juvenile in custody pursuant to juvenile adjudication. State v. Clint L., 262 Kan. 174, 936 P.2d 235 (1997).

18. Use of prior convictions, other than conviction providing element hereof, proper in determining criminal history category. State v. Taylor, 262 Kan. 471, 479, 939 P.2d 904 (1997).

19. Question of whether defendant was in lawful custody is a question of law for trial judge to decide. State v. Mixon, 27 Kan. App. 2d 49, 998 P.2d 519 (2000).

20. Defendant's prior conviction for escape constituted a crime of violence for sentencing as a career offender. U.S. v. Turner, 285 F.3d 909, 915 (2002).

21. Defendant was "in custody" when judge told him to wait in hall for deputy to take him to jail. State v. Briggs, 30 Kan. App. 2d 807, 48 P.3d 686 (2002).

22. Section not unconstitutionally vague. Logsdon v. State, 32 Kan. App. 2d 1, 79 P.3d 1076 (2002).

23. Order of judge for defendant to remain in courtroom until sheriff's deputy arrived to take him to jail sufficient detention to support prosecution under section. State v. Hinkle, 31 Kan. App. 2d 416, 65 P.3d 1058 (2003).

24. PIK Crim. 3d 52.02 accurately reflects law of this state. State v. Beck, 32 Kan. App. 2d 784, 88 P.3d 1233 (2004).

25. Conviction hereunder; "lawful custody" discussed relating to house arrest of defendant. State v. Kraft, 38 Kan. App. 2d 215, 216, 218, 219, 163 P.3d 361 (2007).

26. Prior conviction of any crime not counted in determining criminal history category if they are elements of present crime. U.S. v. Wattree, 544 F. Supp. 2d 1262, 1273 (2008).

27. Compulsion defense discussed and applied; requested instruction denial upheld. State v. Harvey, 41 Kan. App. 2d 104, 202 P.3d 21 (2009).

28. Conviction hereunder vacated for ineffective assistance of counsel. Moll v. State, 41 Kan. App. 2d 677, 204 P.3d 659 (2009).

29. Inmate accused of aggravated escape from custody entitled to a minimum level of due process where ability to call witnesses was denied and disciplinary sanction deprived inmate of property through $20 fine. Sauls v. McKune, 44 Kan. App. 2d 460, 238 P.3d 747 (2010).