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State v. Soto

Court of Appeals of Kansas
Dec 6, 1996
23 Kan. App. 2 (Kan. Ct. App. 1996)

Opinion


928 P.2d 103 (Kan.App. 1996) 23 Kan.App.2d 154 STATE of Kansas, Appellee, v. Gilberto Mirac SOTO, Appellant. No. 74155. Court of Appeals of Kansas December 6, 1996

       Syllabus by the Court

       1. In a criminal case, final judgment occurs upon pronouncement of sentence from the bench.

       2. The Kansas Sentencing Guidelines Act does not permit suspension of imposition of sentence in felony cases.

Page 104

       Henry O. Boaten of Law Offices of Henry O. Boaten, P.A., Topeka, for appellant.

       Tony W. Rues, Assistant District Attorney, Joan M. Hamilton, District Attorney, and Carla J. Stovall, Attorney General, for appellee.

       Before RULON, P.J., MARQUARDT, J., and C. FRED LORENTZ, District Judge, Assigned.

       RULON, Presiding Judge:

       Gilberto Mirac Soto, defendant, was driving a vehicle in Topeka when he was stopped by police officers for several traffic offenses. As a result of defendant's consent to allow the officers to search the vehicle, he was arrested and subsequently convicted of several drug-related crimes and unlawful use of a firearm, in addition to the traffic offenses. He appeals the denial of his motion to suppress the evidence seized, based upon a claim that he did not understand the English language well enough to knowingly consent to the search of his vehicle. We dismiss for lack of jurisdiction.

       In a criminal case, final judgment occurs upon pronouncement of sentence from the bench. See State v. Bost, 21 Kan.App.2d 560, 563-64, 903 P.2d 160 (1995). Here, the district court suspended imposition of sentence pending this appeal. The Kansas Sentencing Guidelines Act does not permit suspension of imposition of sentence in felony cases. See K.S.A.1993 Supp. 21-4603d; K.S.A. 22-3608.

        Consequently, this court lacks jurisdiction over this appeal because there is no final judgment from which to appeal.

       Appeal dismissed.


Summaries of

State v. Soto

Court of Appeals of Kansas
Dec 6, 1996
23 Kan. App. 2 (Kan. Ct. App. 1996)
Case details for

State v. Soto

Case Details

Full title:STATE OF KANSAS, Appellee , v. GILBERTO MIRAC SOTO, Appellant

Court:Court of Appeals of Kansas

Date published: Dec 6, 1996

Citations

23 Kan. App. 2 (Kan. Ct. App. 1996)
23 Kan. App. 2
23 Kan. App. 2d 154

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