Arrest of judgment

22-3502. Arrest of judgment. 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. Source or Prior Law: 62-1605, 62-1606, 62-1607. Law Review and Bar Journal References: Criminal Procedure Edition, 47 K.L.R. 937 (1999). "Criminal Procedure Survey of Recent Cases," 49 K.L.R. 937 (2001). "Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002). "Criminal Procedure Survey of Recent Cases," Matt Corbin, Editor, 51 K.L.R. 659, 758 (2003). "Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004). CASE ANNOTATIONS 1. Provisions discussed; order granting motion for acquittal after guilty verdict (under K.S.A. 22-3419) not appealable. State v. Crozier, 225 Kan. 120, 122, 123, 587 P.2d 331. 2. Order permitting withdrawal of nolo contendere plea before sentencing not an arrest of judgment permitting appeal. State v. Puckett, 227 Kan. 911, 912, 610 P.2d 637. 3. Questions on information or crime charged should be raised by defendant or court without motion as provided by statute. State v. Hall, 246 Kan. 728, 730, 755, 793 P.2d 737 (1990). 4. Motion to arrest judgment improper method to challenge sufficiency of evidence supporting verdict. State v. Sims, 254 Kan. 1, 11, 862 P.2d 359 (1993). 5. Prosecution appeal of factual basis for accepting plea dismissed as not an arrest of judgment. State v. Unruh, 259 Kan. 822, 824, 915 P.2d 744 (1996). 6. Error in trial court granting new trial; on remand court is limited to compliance with higher court's directions. State v. Downey, 29 Kan. App. 2d 467, 27 P.3d 939 (2001). 7. Failure to file motion for arrest of judgment following conviction for arson, which complaint was defective for failure to plead essential elements, is ineffective assistance of counsel. Ferguson v. State, 31 Kan. App. 2d 102, 61 P.3d 108 (2003). 8. Defendant challenging a complaint as defective, proper procedure is by filing motion for arrest of judgment. Swenson v. State, 284 Kan. 648, 658, 162 P.3d 808 (2007). 9. Cited; defendant alleging defective complaint is to file motion for arrest of judgment. Swenson v. State, 284 Kan. 931, 169 P.3d 298 (2007). 10. Section discussed regarding appeals by prosecution. Casner v. State, 37 Kan. App. 2d 667, 670, 671, 672, 673, 155 P.3d 1202 (2007). 11. Cited; motion hereunder untimely; sufficiency of charging document may be raised for the first time on appeal. State v. Edwards, 39 Kan. App. 2d 300, 308, 179 P.3d 472 (2008). 12. No prejudice shown by defendant, defective complaint does not demand reversal of DUI conviction. City of Arkansas City v. Sybrant, 44 Kan. App. 2d 891, 241 P.3d 581 (2010). 13. Information omitted the defendant's age which was an essential element of the off-grid version of rape; sentence vacated and remanded for re-sentencing. State v. Portillo, 294 Kan. 242, 274 P.3d 640 (2012). 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