KANSAS STATUTES AND CODES

22-3210. Plea of guilty or nolo contendere; time limitation.

22-3210

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 32.--PROCEEDINGS BEFORE TRIAL

22-3210. Plea of guilty or nolo contendere; timelimitation.(a) Before or during trial a plea of guilty or nolo contendere maybeaccepted when:

(1) The defendant or counsel for the defendant enters such plea in opencourt; and

(2) in felony cases the court has informed the defendant of theconsequences of the plea, including the specific sentencing guidelines levelof any crime committed on or after July 1, 1993, and of the maximum penaltyprovided by law whichmay be imposed upon acceptance of such plea; and

(3) in felony cases the court has addressed the defendant personally anddetermined that the plea is made voluntarily with understanding of thenature of the charge and the consequences of the plea; and

(4) the court is satisfied that there is a factual basis for the plea.

(b) In felony cases the defendant must appear and plead personallyand a verbatimrecord of all proceedings at the plea and entry of judgment thereon shallbe made.

(c) In traffic infraction, cigarette or tobacco infraction andmisdemeanor cases the court may allowthe defendant to appear and plead by counsel.

(d) (1) A plea of guilty or nolo contendere, for goodcause shown andwithin the discretion of the court, may be withdrawn at any time beforesentence is adjudged.

(2) To correct manifest injustice the court aftersentence may set aside the judgment of conviction and permit the defendantto withdraw the plea.

(e) (1) Any action under subsection (d)(2) must be brought within oneyearof: (A) Thefinal order of the last appellate court in this state to exercise jurisdictionon a direct appeal or the termination of such appellate jurisdiction; or (B)thedenial of a petition for a writ of certiorari to the United States supremecourt or issuance of such court's final order following the granting of suchpetition.

(2) The time limitation herein may be extended by the court only upon anadditional, affirmative showing of excusable neglect bythedefendant.

History: L. 1970, ch. 129, § 22-3210; L. 1982, ch. 146, § 1;L. 1984, ch. 39, § 39;L. 1994, ch. 291, § 60;L. 1996, ch. 214, § 31;L. 2009, ch. 61, § 1; Apr. 16.