State v. Pewenofkit
State v. Pewenofkit
Opinion
**730 In 2012, William Pewenofkit pleaded no contest to kidnapping, aggravated kidnapping, and aggravated burglary for crimes occurring in March 2011. At the time of his crimes, the Kansas Offender Registration Act (KORA), K.S.A. 22-4901 et seq., required 10 years' registration. But between the crimes and his plea, statutory amendments enlarged this to lifetime registration. On appeal, Pewenofkit argued for the first time his lifetime registration violated the Ex Post Facto Clause of the United States Constitution.
The Court of Appeals' panel sua sponte dismissed the appeal because Pewenofkit failed to show how his new arguments fell within
**731
any recognized exception to the general rule that "issues not raised before the district court cannot be raised on appeal."
State v. Pewenofkit
, No. 109542,
Pewenofkit sought our review, which we granted. Jurisdiction is proper. See
State v. Rocheleau
, 307 Kan. ----, ---- - ----,
THE FAILURE TO CHALLENGE THE PANEL'S DECISION
When mentioning the panel's holding in his petition for review, Pewenofkit states only that he "addressed reviewability in his brief." No other effort was made to challenge the panel's reasons for dismissing his appeal. This court has held that a party must challenge on petition for review a dispositive procedural holding of the Court of Appeals.
State v. Allen
,
Even if we were to generously construe Pewenofkit's petition for review to suggest error, his supplemental briefing fails to explain why the panel erred. See
Friedman v. Kansas State Bd. of Healing Arts
,
The panel expressly held that Pewenofkit's merits arguments
**732
could not be raised for the first time on appeal because they involved both factual and legal matters. The panel went on to note the record on appeal failed to provide any factual basis upon which to analyze his ex post facto claims on appeal.
Pewenofkit
,
We hold the petition for review fails to challenge the panel's rulings upon which dismissal was based. Accordingly, we affirm.
Stegall, J., not participating.
Michael J. Malone, Senior Judge, assigned. 1
REPORTER'S NOTE: Senior Judge Malone was appointed to hear case No. 109,542 vice Justice Stegall under the authority vested in the Supreme Court by K.S.A. 20-2616.
Reference
- Full Case Name
- STATE of Kansas, Appellee, v. William PEWENOFKIT, Appellant.
- Cited By
- 14 cases
- Status
- Published