329 P.3d 502
Kan. Ct. App.2014Background
- Englund appeals convictions for aggravated burglary and two counts of aggravated robbery.
- He challenges admission of evidence obtained from a Franklin County residence search and his confession, claiming suppression should have occurred.
- The search warrant was issued in Douglas County to search a residence in Franklin County, triggering territorial-jurisdiction concerns under K.S.A. 22-2503.
- Englund moved pretrial to suppress evidence obtained from the search and related statements.
- The district court ruled that K.S.A. 22-2503 applied only to district magistrate judges, not district judges, and denied suppression.
- Englund also challenges using his prior criminal history to calculate his sentence under Apprendi.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Territorial jurisdiction for search warrants | Englund: district judge lacked authority beyond home district | State: 22-2503 applies only to magistrate judges, not district judges | Warrant valid; district judges may issue statewide warrants when applicable |
| Apprendi sentencing issue | Englund argues Apprendi requires jury findings for enhanced sentencing | Ivory exception allows prior convictions to inform sentence | Apprendi not violated; prior convictions excluded from its requirement; sentencing valid |
Key Cases Cited
- State v. Martinez, 296 Kan. 482 (2013) (unlimited review on legal question of suppression when facts are undisputed)
- State v. Dale, 293 Kan. 660 (2011) (unlimited review for interpretation of statutes)
- State v. Urban, 291 Kan. 214 (2010) (statutory interpretation; legislative intent)
- State v. Arnett, 290 Kan. 41 (2010) (statutory construction; legislative intent)
- State v. Coman, 294 Kan. 84 (2012) (interpretation and reconcile provisions for legislative intent)
- State v. Turner, 293 Kan. 1085 (2012) (revisions to statutes; avoid meaningless legislation)
- Verdigris Conservancy District v. Objectors, 131 Kan. 214 (1930) (organizational limits of multi-district judicial authority)
- State v. Mishmash, 295 Kan. 1143 (2012) (when legislature intends to limit a category, express language required)
- State v. Lamb, 209 Kan. 453 (1972) (early authority on extraterritorial warrants (repealed statute context))
- State v. Sodders, 255 Kan. 79 (1994) (historical context of statewide execution of warrants)
- State v. Mendez, 275 Kan. 412 (2003) (superseded by statute; in pari materia considerations)
- State v. Ivory, 273 Kan. 44 (2002) (Apprendi prior-conviction exception)
- State v. Ottinger, 46 Kan. App. 2d 647 (2011) (Ivory continues to govern sentencing for prior convictions)
