State v. Hannebohn
301 P.3d 340
Kan. Ct. App.2013Background
- Hannebohn pleaded guilty to criminal threat; restitution was ordered but amount to be determined later.
- At initial sentencing, court advised rights and 14-day appeal deadline; restitution amount later determined at a restitution hearing.
- restitution hearing set final amount of $2,776.64; no reminder of appeal rights given at that hearing.
- Counsel later learned case not on appeal; motion to file an out-of-time appeal was filed February 2, 2012.
- District court denied motion summarily, citing prior informings of appeal rights; case on appeal to review Ortiz exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did district court err by denying under the first Ortiz exception? | Hannebohn claims failure to inform at restitution hearing violated Ortiz. | State contends information was given earlier; no need to repeat at restitution. | Remanded for factual findings under Patton framework. |
| Did district court err by failing to address the third Ortiz exception? | Counsel failed to perfect and complete an appeal; relief warranted. | No direct consideration of third exception in denial. | Remand required to make facts and law on third Ortiz exception. |
Key Cases Cited
- State v. Patton, 287 Kan. 200 (Kan. 2008) (framework for first Ortiz exception.analysis)
- State v. Phinney, 280 Kan. 394 (Kan. 2005) (substantial evidence standard; de novo ultimate ruling)
- State v. McDaniel, 292 Kan. 443 (Kan. 2011) (restitution completion; informing appeal rights timing)
- State v. Cooper, 267 Kan. 15 (Kan. 1999) (restitution hearing timing and finality of sentence)
- State v. Gill, 287 Kan. 289 (Kan. 2008) (jurisdiction and appeal rights timing requirements)
- Gates v. Goodyear, 37 Kan. App. 2d 623 (Kan. App. 2007) (final judgment; piecemeal appeal prohibition)
- State v. Neer, 247 Kan. 137 (Kan. 1990) (final judgment and appeal timing principles)
- Kansas Medical Mut. Ins. Co. v. Svaty, 291 Kan. 597 (Kan. 2010) (avoidance of piecemeal appeals; final judgment)
