The Kansas Court of Appeals says it does not have the jurisdiction to hear an appeal from a man convicted in Chase County of failing to register as a drug offender.
Ronald McComber, 40, pleaded no contest to an Offender Act violation with the understanding he would register quarterly, but he did not register in March 2018. McComber requested for a dispositional departure from prison to probation, but district court instead sentenced him to 30 months incarceration.
The Court of Appeals says McComber’s sentence was not illegal. Because the appellate court has no jurisdiction to review challenges to denied motions for departure sentences and because district court had determined the case’s circumstances did not force it to go beyond the ordinary sentence, the appeal was dismissed.
