262 Kan. at 463, 939 P.2d 896. We described one rationale for the State's choices in State v. Woodling, 264 Kan. 684, 687, 957 P.2d 398 (1998), where we summarized Muck as “recognizing that the State can elect to appeal under different subsections in order to acquire different rights upon a successful appeal.” (Emphasis added.)
Thus, PEC did not claim the credit in the pleading upon which BOTA's jurisdiction is based. See generally State v. Woodling, 264 Kan. 684, Syl. ¶ 2, 957 P.2d 398 (1998) ("An appellate court obtains jurisdiction over the rulings identified in the notice of appeal. Grounds for jurisdiction not identified in a notice of appeal may not be considered by the court."). As the Court of Appeals stated in In re Application of Park Comm'rs for Ad Valorem Tax Exemption, 14 Kan. App. 2d 777, 799 P.2d 505 (1990), when considering whether BOTA had jurisdiction to revoke a city's exemption from ad valorem taxes for stables on certain park property, where the city's application for exemption only listed a residence, and the residence and the stables were not so intertwined as to constitute one subject of dispute: "No statute, expressly or impliedly, gives BOTA power to investigate property which is not the subject of a dispute before it."
Jurisdictional deficiency appears on the face of the notice of appeal, as K.S.A. 22-3601(b)(1) only expresses what appeals are to be taken to the Kansas Supreme Court and provides no statutory authority for the appeal taken by the prosecution in this case. As we said in State v. Woodling, 264 Kan. 684, Syl. ¶ 2, 957 P.2d 398 (1998): "Grounds for jurisdiction not identified in a notice of appeal may not be considered by the court." In State v. Kerby, 259 Kan. 104, 106, 910 P.2d 836 (1996), the notice of appeal by the State was filed pursuant to K.S.A. 22-3603 (interlocutory appeals), and we dismissed the appeal, even though it was later contended that what was intended was to appeal a question reserved under K.S.A. 22-3602.
Although McDonald's argument that he must be provided an attorney in any proceeding where the term of his probation is extended can be answered, the more difficult question is whether we have jurisdiction to consider what is in effect an attempt to collaterally attack two unappealed from orders. See State v. Delacruz, 258 Kan. 129, 137-39, 899 P.2d 1042 (1995) (collateral attack prohibited in part but allowed in part where the precise issue now appealed was not presented to the trial court); State v. Gardner, 264 Kan. 95, 106, 955 P.2d 1199 (1998) (collateral attack prohibited where the notice of appeal did not identify the rulings appealed from as being from prior proceedings, separate from the revocation hearing); State v. Woodling, 264 Kan. 684, Syl. ¶ 2, 957 P.2d 398 (1998) (collateral attack prohibited where we said: "An appellate court obtains jurisdiction over the rulings identified in the notice of appeal. Grounds for jurisdiction not identified in a notice of appeal may not be considered by the court."). We always have the obligation to question jurisdiction on our own motion, McDonald v. Hannigan, 262 Kan. 156, Syl. ¶ 1, 936 P.2d 262 (1997), and if the record discloses a lack of jurisdiction, the appeal must be dismissed.
We generally only accept appeals on questions reserved which involve issues of statewide interest important to the correct and uniform administration of the criminal law and the interpretation of statutes. State v. Woodling, 264 Kan. 684, Syl. ¶ 3, 957 P.2d 398 (1998). The issue raised here appears to be of statewide interest.
errors which are adverse to the State or because a decision would be helpful precedent. See State v. Tremble, 279 Kan. 391, 393, 109 P.3d 1188 (2005); State v. Woodling, 264 Kan. 684, 687, 957 P.2d 398 (1998); City of Wichita v. Basgall, 257 Kan. 631, 633, 894 P.2d 876 (1995). Instead, cases are reviewed only '"'where the appeals involve questions of statewide interest important to the correct and uniform administration of the criminal law and the interpretation of statutes.'"
The Kansas Supreme Court has emphasized that questions reserved are not entertained simply to demonstrate trial court errors which are adverse to the State or because a decision would be helpful precedent. See State v. Tremble, 279 Kan. 391, 393, 109 P.3d 1188 (2005); State v. Woodling, 264 Kan. 684, 687, 957 P.2d 398 (1998); City of Wichita v. Basgall, 257 Kan. 631, 633, 894 P.2d 876 (1995). Instead, cases are reviewed only " ' "where the appeals involve questions of statewide interest important to the correct and uniform administration of the criminal law and the
Generally, this court has accepted appeals on questions reserved by the State where the appeals involve issues of statewide interest important to the correct and uniform administration of the criminal law and the interpretation of statutes. State v. Woodling, 264 Kan. 684, Syl. ¶ 3, 957 P.2d 398 (1998). An appeal of a question reserved is proper only when the legal ruling adverse to the prosecution is of statewide importance to the correct and uniform administration of the criminal law. City of Liberal v. Witherspoon, 28 Kan.App.2d 649, Syl. ¶ ¶ 1, 2, 3, 20 P.3d 727 (2001).
The validity of such statutes has been expressly adjudicated in a great number of States, and in every instance the constitutionality of such a statute has been upheld. Connelly v. State, 60 Ala. 89; Ireland v. State, 11 Ala. App. 155; Baader v. State, 201 Ala. 76; State v. Shearer, 27 Ariz. 311; State v. Worden, 46 Conn. 349; State v. Rankin, 102 Conn. 46; Logan v. State, 86 Ga. 266; Moore v. State, 124 Ga. 30; Brewster v. People, 183 Ill. 143; People v. Fisher, 303 Ill. 430; Murphy v. State, 97 Ind. 579; In re Clancy, 112 Kan. 247; League v. State, 36 Md. 257; Commonwealth v. Rowe, 257 Mass. 172; Ward v. People, 30 Mich. 116; People v. Steele, 94 Mich. 437; People v. Jones, 220 Mich. 633; People v. Henderson, 246 Mich. 481; State v. Woodling, 53 Minn. 142; State v. Graves, 161 Minn. 422; State v. Moody, 24 Mo. 560; State v. Bockstruck, 136 Mo. 335; Edwards v. State, 45 N.J.L. 419; Miller v. State, 3 Ohio St. 475; Dailey v. State, 4 Ohio St. 57; Dillingham v. State, 5 Ohio St. 280; Billigheimer v. State, 32 Ohio St. 435; Hoffman v. State, 98 Ohio St. 137; Lee v. State, 86 Tex.Crim. 203; Armstrong v. State, 98 Tex.Crim. 335; State v. Griggs, 34 W. Va. 78; State v. Denoon, 34 W. Va. 139; In re Staff, 63 Wis. 285. In civil cases, the only constitutional provision is that of the Seventh Amendment providing that "the right of trial by jury shall be preserved," but it is provided by a statute which is applicable both to civil and criminal cases that "the trial of issues of fact . . . shall be by jury."
Such an appeal is permitted to allow the prosecution to obtain review of a trial court's adverse ruling on a legal issue of statewide interest that is important to the correct and uniform administration of criminal justice. . . . "In State v. Woodling, 264 Kan. 684, 687, 957 P.2d 398 (1998), we held: `"Questions reserved by the State in a criminal prosecution, under K.S.A. 22-3602(b) [Furse], will not be entertained on appeal merely to demonstrate whether error has been committed by the trial court.