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329 P.3d 502
Kan. Ct. App.
2014
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Background

  • 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  • State v. Lamb, 209 Kan. 453 (1972) (early authority on extraterritorial warrants (repealed statute context))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)
Read the full case

Case Details

Case Name: State v. Englund
Court Name: Court of Appeals of Kansas
Date Published: Apr 11, 2014
Citations: 329 P.3d 502; 50 Kan. App. 2d 123; 2014 Kan. App. LEXIS 19; No. 108,446
Docket Number: No. 108,446
Court Abbreviation: Kan. Ct. App.
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    State v. Englund, 329 P.3d 502