856 P.2d 523
No. 69,008Court of Appeals of Kansas
Opinion filed July 23, 1993
SYLLABUS BY THE COURT
1. CRIMINAL LAW — Allocution — Statutory Requirements Applicable in Municipal Court and Appeals to District Court from Municipal Court. The requirements of K.S.A. 22-3422 and K.S.A. 1992 Supp. 22-3424(4) apply in Kansas municipal courts and in appeals to the district court from municipal court.
2. SAME — Allocution — Resentencing Required When Defendant Not Afforded Allocution in Appeal from Municipal Court Conviction and Sentence. In an appeal from a misdemeanor conviction and sentencing from municipal court to district court, it is error requiring reversal and remand for resentencing when the defendant is not afforded allocution.
Appeal from Johnson District Court; GERALD L. HOUGLAND, judge. Opinion filed July 23, 1993. Vacated and remanded.
Frank P. Gilman, of Law Office of David R. Gilman, of Overland Park, for the appellant.
Suzanne M. Zimmerman, assistant city attorney, for the appellee.
Before LEWIS, P.J., ROYSE, J., and C. FRED LORENTZ, District Judge, assigned.
LORENTZ, J.:
Timothy Mann appeals from the order of the district court finding him guilty of violating five municipal ordinances and from the sentence imposed by the district court.
Mann contends the district court erred in failing to provide him the opportunity to speak before sentence was imposed, in violation of K.S.A. 22-3422 and K.S.A. 1992 Supp. 22-3424(4).
We have reviewed the record on appeal and find that Mann was not given the opportunity to speak before sentence was imposed. This opportunity is required by State v. Heide, 249 Kan. 723, 730, 822 P.2d 59 (1991). We extend the reasoning of Heide to cases on appeal from municipal court. The failure to afford Mann the opportunity to speak before sentence was imposed requires us to vacate his sentence and remand for resentencing.
Sentence vacated and case remanded for resentencing.
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