Kansas Criminal Procedure Code
Article 35 - Post Trial Motions
Current Through End of 2019 Legislative Session
22-3501 New trial.
22-3502 Arrest of judgment.
22-3503 Arrest of judgment without motion.
22-3504 Correction of sentence.
(1) The court on motion of a defendant may grant a new trial to the defendant if required in the interest of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment. A motion for a new trial based on the ground of newly discovered evidence may be made within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case. A motion for a new trial based on any other grounds shall be made within 14 days after the verdict or finding of guilty or within such further time as the court may fix during the 14-day period.
(2) A motion for a new trial shall be heard and determined by the court within 45 days from the date it is made.
History: L. 1970, ch. 129, § 22-3501; L. 2010, ch. 135, § 25; July 1.
The court on motion of a defendant shall arrest judgment if the complaint, information or indictment does not charge a crime or if the court was without jurisdiction of the crime charged. The motion for arrest of judgment shall be made within 14 days after the verdict or finding of guilty, or after a plea of guilty or nolo contendere, or within such further time as the court may fix during the 14-day period.
History: L. 1970, ch. 129, § 22-3502; L. 2010, ch. 135, § 26; July 1.
22-3503. Arrest of judgment without motion.
Whenever the court becomes aware of the existence of grounds which would require that a motion for arrest of judgment be sustained, if filed, the court may arrest the judgment without motion.
History: L. 1970, ch. 129, § 22-3503; July 1.
22-3504. Correction of sentence.
(a) The court may correct an illegal sentence at any time while the defendant is serving such sentence. The defendant shall receive full credit for time spent in custody under the sentence prior to correction. Unless the motion and the files and records of the case conclusively show that the defendant is entitled to no relief, the defendant shall have a right to a hearing, after reasonable notice to be fixed by the court, to be personally present and to have the assistance of counsel in any proceeding for the correction of an illegal sentence.
(b) Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders.
(c) For the purposes of this section:
(1) ‘‘Illegal sentence’’ means a sentence: Imposed by a court without jurisdiction; that does not conform to the applicable statutory provision, either in character or punishment; or that is ambiguous with respect to the time and manner in which it is to be served at the time it is pronounced. A sentence is not an ‘‘illegal sentence’’ because of a change in the law that occurs after the sentence is pronounced.
(2) "Change in the law" means a statutory change or an opinion by an appellate court of the state of Kansas, unless the opinion is issued while the sentence is pending an appeal from the judgment of conviction.
(d) The amendments made to this section by this act [2019 SB 18] are procedural in nature and shall be construed and applied retroactively.
History: L. 1970, ch. 129, § 22-3504; L. 2017, ch. 62, § 9; L. 2019, ch. 59, § 15; July 1.