"[t]here is no statutory authority for the State to appeal from the dismissal in a criminal case of some of the counts of a multiple-count complaint, information, or indictment while the case remains pending before the district court on all or a portion of the remaining counts which have not been dismissed and which have not been finally resolved." State v. Nelson, 263 Kan. 115, Syl. ¶ 3, 946 P.2d 1355 (1997). The record before us is not as clear as it should be, particularly because no journal entry has been filed concerning the misdemeanor charge for disorderly conduct.
Relief should have been denied because the claim does not fit within the definition of an illegal sentence. It does not appear this issue was raised before the district court. As it is a jurisdictional question, the matter may be raised at any time, sua sponte. See State v. Nelson, 263 Kan. 115, 116, 946 P.2d 1355 (1997). We affirm the district court as it reached the correct result.
An objection based on lack of subject matter jurisdiction may be raised at any time, whether it be for the first time on appeal or even upon the appellate court's own motion. State v. Nelson, 263 Kan. 115, 116, 946 P.2d 1355 (1997). An appellate court's jurisdiction to review the Board's order is set out in K.S.A. 1998 Supp. 44-556(a), which provides:
Furthermore, an objection based on lack of subject matter jurisdiction may be raised at any time, whether it be for the first time on appeal or even upon the appellate court's own motion. State v. Nelson, 263 Kan. 115, 116, 946 P.2d 1355 (1997). We conclude KDR's stipulation that no administrative remedy is available to Copeland does not foreclose the issue of subject matter jurisdiction from consideration by this court.