Effect on pending actions

22-4602. Effect on pending actions. (1) The trial of any prosecution commenced prior to the effective date of this chapter, and proceedings incidental thereto, shall be governed by this chapter unless the defendant elects to be proceeded against under the law in force at the time the prosecution was commenced. Such election shall be made by the defendant in open court or in writing at or prior to the time of commencement of trial. (2) Appeals commenced prior to the effective date of this chapter shall be governed by the provisions of this chapter from and after its effective date. History: L. 1970, ch. 129, § 22-4602; July 1. Law Review and Bar Journal References: "Notes on the Code of Criminal Procedure," Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 170 (1970). CASE ANNOTATIONS 1. Appellant may elect not to proceed under new code, where offense occurred before code enacted. State v. Caldwell, 208 Kan. 674, 493 P.2d 235. 2. Appellant elected to be prosecuted under new code; held, no denial of right to speedy trial. State v. Davis, 209 Kan. 225, 228, 495 P.2d 965. 3. Appeal of conviction on guilty plea governed by new code; dismissed for lack of jurisdiction. State v. Mitchell, 210 Kan. 470, 471, 502 P.2d 850. 4. Where arraignment after July 1, 1970, appellant entitled to proceed under new code; conviction for first degree robbery upheld. State v. McCollum, 211 Kan. 631, 633, 507 P.2d 196. 5. Where defendant makes no election under subsection (1), proceedings properly governed by new procedural act. State v. Ralls, 213 Kan. 249, 252, 515 P.2d 1205. 6. Second motion under K.S.A. 60-1507; section inapplicable where prosecution commenced prior to effective date. Brizendine v. State, 215 Kan. 433, 524 P.2d 718. 7. Applied; pleas after effective date of act governed by K.S.A. 22-3210 although proceedings commenced before. Robinson v. State, 218 Kan. 1, 3, 542 P.2d 305.