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22-3426. Record of judgment; form and content of journal entry. (a) When judgment is rendered or sentence of imprisonment is imposed, upon a plea or verdict of guilty, a record thereof shall be made upon the journal of the court, reflecting, if applicable, conviction or other judgment, the sentence if imposed, and the commitment, which record among other things shall contain a statement of the crime charged, and under what statute; the plea or verdict and the judgment rendered or sentence imposed, and under what statute, and a statement that the defendant was duly represented by counsel naming such counsel, or a statement that the defendant has stated on the record or in writing that the defendant did not want representation of counsel.

(b) If defendant is sentenced to the custody of the secretary of corrections the journal entry shall record, in a judgment form, if used, all the information required under K.S.A. 21-6711, and amendments thereto, unless such section is not applicable.

(c) It shall be the duty of the court personally to examine the journal entry and to sign the same.

(d) For felony convictions for crimes committed on or after July 1, 1993, in addition to the provisions of subsections (a) through (c), the journal entry shall contain the following information:

(1) Court case number;

(2) Kansas bureau of investigation number;

(3) case transaction number;

(4) court O.R.I. number;

(5) the type of counsel;

(6) type of trial, if any;

(7) pretrial status of the offender;

(8) the date of the sentencing hearing;

(9) a listing of offenses for which the defendant is convicted;

(10) the criminal history classification;

(11) the sentence imposed for each offense including postrelease or probation supervision durations;

(12) whether the sentences run concurrently or consecutively;

(13) amount of credit for time spent incarcerated;

(14) period ordered in county jail as a condition of probation;

(15) a listing of offenses in which a departure sentence is imposed;

(16) type of departure sentence; and

(17) factors cited as a basis for departure sentence.

The journal entry shall be recorded on a form approved by the Kansas sentencing commission.

History: L. 1970, ch. 129, § 22-3426; L. 1980, ch. 104, § 6; L. 1992, ch. 239, § 260; L. 1993, ch. 291, § 193; L. 1994, ch. 291, § 91; L. 1994, ch. 341, § 17; L. 1995, ch. 251, § 26; L. 1996, ch. 258, § 6; L. 2008, ch. 41, § 1; L. 2011, ch. 30, § 129; July 1.

Source or Prior Law:

62-1516.

Law Review and Bar Journal References:

"Giving Credit when Credit is due, The Kansas law on jail time credit," Franklin R. Pierce, 69 J.K.B.A. No. 9, 22 (2000).

CASE ANNOTATIONS

1. Sentence effective when rendered; appeal not timely filed. State v. Moses, 227 Kan. 400, 402, 403, 607 P.2d 477.

2. Failure to include statement of waiver of counsel under (a) reversible error. State v. Andrews, 5 Kan. App. 2d 678, 680, 623 P.2d 534.

3. The journal entry imposing an enhanced sentence must contain a statement of each previous conviction. State v. Wilson, 6 Kan. App. 2d 302, 307, 627 P.2d 1185.

4. While record requires written evidence that defendant was advised of counsel rights, statement in writing by defendant not required. State v. Turner, 239 Kan. 360, 367, 721 P.2d 255 (1986).

5. Where record supports finding defendant knowingly and voluntarily waived right to counsel, correction of journal entry by nunc pro tunc order proper. State v. Armstrong, 240 Kan. 446, 456, 731 P.2d 249 (1987).

6. K.S.A. 60-259 as applicable where motion to modify sentence constitutes motion to alter or amend noted. State v. Marks. 14 Kan. App. 2d 594, 597, 796 P.2d 174 (1990).

7. Journal entry sentencing defendant under habitual criminal act required to contain information described herein. State v. Maggard, 16 Kan. App. 2d 743, 755, 829 P.2d 591 (1992).

8. Cited in holding once a sentence is imposed, court is powerless to vacate that sentence and impose a harsher sentence. State v. Royce, 252 Kan. 394, 396, 397, 845 P.2d 44 (1993).

9. Whether judge included required information in journal entry regarding basis of sentence enhancement examined. State v. Greever, 19 Kan. App. 2d 893, 901, 878 P.2d 838 (1994).

10. Actual sentencing occurs when defendant appears in court and judge orally states the term of sentence. Abasolo v. State, 284 Kan. 299, 303, 160 P.3d 471 (2007).

11. Cited in case challenging failure to instruct on lesser included homicides and robbery; no error found. State v. Reid, 286 Kan. 494, 523, 186 P.3d 713 (2008).

12. Party may be notified of the taxation of costs through a statement served at the end of criminal proceedings. State v. Phillips, 289 Kan. 28, 210 P.3d 93 (2009).


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