State v. Marinelli

The Supreme Court affirmed the district court’s order that Appellant comply with the Kansas Offender Registration Act (KORA), Kan. Stat. Ann. 22-4901 et seq., holding that the court made the requisite finding on the record that a deadly weapon was used in Appellant’s commission of the person felony for which he was convicted, and the court’s failure to inform Appellant about his registration obligations at the time of conviction was error, but the error was harmless.Appellant pleaded no contest to aggravated assault with a deadly weapon. When convicted, Appellant was not informed of his duty to register. The Supreme Court affirmed, holding (1) based on Kan. Stat. Ann. 22-3602(a), this Court had jurisdiction to decide if Appellant’s registration responsibilities were invalid because Appellant was not challenging his conviction on appeal; (2) because Appellant was convicted of a person felony and the court found he used a deadly weapon, which was supported by the record, Appellant was a violent offender subject to KORA’s registration requirements; and (3) the court’s failure to notify Appellant of his duty to register at the time of his conviction did not excuse Appellant’s KORA registration obligations. View "State v. Marinelli" on Justia Law