Opinion
Defendant was convicted in the District Court, Johnson County, Gerald L. Hougland, J., of violating five municipal ordinances. Defendant appealed. The Court of Appeals, C. Fred Lorentz, District Judge, assigned, held that failure to afford allocution to defendant, during appeal from municipal court to challenge misdemeanor conviction and resulting sentence, was reversible error.
Sentence vacated and case remanded for resentencing. Syllabus by the Court
1. The requirements of K.S.A. 22-3422 and K.S.A.1992 Supp. 22-3424(4) apply in Kansas municipal courts and in appeals to the district court from municipal court.
2. In an appeal from a misdemeanor conviction and sentencing from municipal court to district court, it is error requiring reversal and remand for resentencing when the defendant is not afforded allocution.
Frank P. Gilman of Law Office of David R. Gilman, Overland Park, for appellant.
Suzanne M. Zimmerman, Asst. City Atty., for appellee.
Before LEWIS, P.J., and ROYSE, J., and C. FRED LORENTZ, District Judge, Assigned.
C. FRED LORENTZ, District Judge, Assigned:
Timothy Mann appeals from the order of the district court finding him guilty of violating five municipal ordinances and from the sentence imposed by the district court.
Mann contends the district court erred in failing to provide him the opportunity to speak before sentence was imposed, in violation of K.S.A. 22-3422 and K.S.A.1992 Supp. 22-3424(4).
We have reviewed the record on appeal and find that Mann was not given the opportunity to speak before sentence was imposed. This opportunity is required by State v. Heide, 249 Kan. 723, 730, 822 P.2d 59 (1991). We extend the reasoning of Heide to cases on appeal from municipal court. The failure to afford Mann the opportunity to speak before sentence was imposed requires us to vacate his sentence and remand for resentencing.
Sentence vacated and case remanded for resentencing.