Pleas; effect

22-3209. Pleas; effect. (1) A plea of guilty is admission of the truth of the charge and every material fact alleged therein. (2) A plea of nolo contendere is a formal declaration that the defendant does not contest the charge. When a plea of nolo contendere is accepted by the court, a finding of guilty may be adjudged thereon. The plea cannot be used against the defendant as an admission in any other action based on the same act. (3) A plea of not guilty denies and puts in issue every material fact alleged in the charge. (4) If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty on behalf of the defendant. History: L. 1970, ch. 129, § 22-3209; July 1. Law Review and Bar Journal References: "Plea Bargaining—Justice Off the Record," Robert L. Heath, 9 W.L.J. 430, 431 (1970). Cited; comparison of nolo contendere plea to a plea of guilty in symposium on criminal procedure, Robert E. Lastelic, 18 K.L.R. 729, 730 (1970). Plea of nolo contendere added to bring Kansas procedure into conformity with the federal rules, Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 166 (1970). Attorney General's Opinions: Drivers' licenses; habitual violators; effect of prior conviction based on plea of nolo contendere. 82-82. CASE ANNOTATIONS 1. Applied; conviction subsequent to nolo contendere plea like any other conviction. State v. Buggs, 219 Kan. 203, 208, 547 P.2d 720. 2. Court in accepting nolo contendere plea not required to advise as to parole eligibility; post-conviction relief denied. Hicks v. State, 220 Kan. 279, 281, 552 P.2d 889. 3. Acceptance of plea of nolo contendere to charge and finding of guilt considered a conviction even though defendant not sentenced. State v. Holmes, 222 Kan. 212, 213, 563 P.2d 480. 4. Cited; illegally obtained evidence does not change the effect of a nolo contendere plea. Lill v. State, 4 Kan. App. 2d 40, 41, 602 P.2d 129. 5. Statement of factual basis for appellant's plea of nolo contendere not sufficient to invoke double jeopardy. State v. Calderon, 233 Kan. 87, 93, 661 P.2d 781 (1983). 6. Conviction resulting from nolo contendere plea is conviction under K.S.A. 8-285. State v. Shaffer, 14 Kan. App. 2d 282, 285, 788 P.2d 1341 (1990). 7. Whether use of nolo contendere plea for guidelines retroactivity determination violates section examined. State v. Colston, 20 Kan. App. 2d 107, 115, 883 P.2d 1231 (1994). 8. Cited in discussion of Alford pleas and nolo contendere pleas; ambiguous plea agreement strictly construed in defendant's favor. State v. Case, 289 Kan. 457, 213 P.3d 429 (2009). 9. A no contest plea to a charged offense operates to establish every essential well-pleaded element of that offense. When one of those essential elements requires the taking of resources having a certain value, the well-pleaded facts in the charging document necessary to support this "value" element may be considered as evidence to support restitution. State v. Union, 319 Kan. 214, 221, 553 P.3d 320 (2024). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026