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Excel contains a number functions which allow you to manipulate the data within your spreadsheet. One of the functions that allow for easy data manipulation is the text function.
The following tutorial will show you how to manipulate your data within excel using the text function. To follow the tutorial and apply the concepts taught in the tutorial, a sound basic understanding of Excel is required. Excel for beginners will teach you the basic elements of excel and will allow you to follow along with the examples in this tutorial.
How to Access the Excel Functions
Functions in excel allow you to manipulate the data within your spreadsheet in some way. Functions are accessed in various ways in excel.
Functions can be added directly to cells using the equal sign. Typing an equal sign in a cell brings up a list of functions that can be used in the spreadsheet. The functions appear as you begin to type. To access the text function for example, you can type =T in a cell and a list of functions starting with 'T' will appear. Take a look at the following screenshot:
You can see text is listed as one of the functions. If you access the function via the cell, excel provides syntax as a guide for you to follow to create the formula.
An easier way to access a function in excel is by using the Formulas tab on the menu in excel. Choose the formula tab and then choose the function you wish to apply. You can see the TEXT menu option under the Formulas tab contains a number of text functions. Take a look at the screenshot below:
When you access the function via the formula tab, Excel uses a formula wizard to help you to create the formula you need. If you are new to working with formulas then using the formula wizard can help you to quickly add formulas to your cells.
Let us use the formula wizard to convert the following dates into formatted text. The examples will be based on the spreadsheet below:
To convert the first date to a text field, click on cell B2. This is where we want our formatted text to display. Then open the text formula via the formula tab. Choose cell A2 in the value field to convert the first date and then type in "m" in the format text field to convert our date to a single digit number that represents the month.
Now let us add some more date formatting via the wizard. If we type in "mm" instead of "m" the text will appear as a double digit month:
If we type in "mmm":
The text will appear as Aug:
The advantage to using the formula wizard is that it tells you what formula to use, which cell to use and also gives you a preview of what the formatted cell will look like at the bottom left hand corner of the wizard:
Below the preview of the formula is a link to the help function which gives you all the text formulas that can be used to format a date cell as text within a cell.
Here are the various formulas that apply to dates:
Here is our date formatted using the various formats to change dates to text:
Formatting Numbers with the Excel Text Function
The text function also allows you to format numbers. Excel provides three characters to allow you to format numbers as text. They are the zero character, the hash character and the question mark. Each of the characters has a different effect on the numbers being formatted.
The zero character displays the number as is unless there are fewer digits than the format, in which case it places a zero within the text display of the number. Take a look at the example below. We are going to format 7.50 as a text value and then 7.5 as a text value using the 0.00 mask. You can see in the second example, excel adds a zero to the end of the number 7.5 because the number does not have sufficient digits.
The result of the above format on our two numbers is as follows:
Using the zero mask as a way to format number is a great way to standardize the way the numbers look in your worksheet.
The hash mask removes excess zeros if they appear in front of a number or after a decimal point at the end of the number. If you format the above numbers using the "##,##" mask then you would see the following result:
And finally the question mark mask aligns the numbers using the decimal point of each number. Using "??.??" To format the above numbers would result in the following:
For more tuition on how to use formulas within Excel, a course like mastering MS Excel will teach you how to use these powerful tools in a weekend.
The zero, hash and question mark may also be used in combination to format numbers as text in our spreadsheet. If we used the "$000,###" mask to format our numbers, then we would end up with the following result:
Using the format wizard is a great way to learn how to use the formulas within excel, but there are certain drawbacks to using the formula wizard. If you want to include other formulas within the cell then it is easier to type the formula within the cell itself. Suppose we want to format our number as text within another text statement. Take a look at the worksheet below:
Suppose we would like to construct a sentence that says Chris earned $5.25 in August this year. To format a sentence like that it is easier to type the formula for the sentence directly in the cell. Take a look at the formula below:
In the above formula we have used the text function to formulate the dollar amount as text using the "$##,00" mask and we used the "mmmm" mask to convert 15-Aug to the text "August". To learn how to use formulas within formulas and more advanced functions, you can try an advanced excel course.
The result of the above formula in our worksheet is as follows:
As you can see from the examples given, the excel text function is a powerful way of converting numbers and dates to text. One thing to bear in mind though is once the date or number has been formatted as text, then it cannot be used for calculations like numbers can.
Formulas are what convert an ordinary spreadsheet in Excel to an extraordinary use of the application.To learn how to program advanced programming applications with Excel, you can enroll for an Excel formulas course.


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Rooms & Cabins
West Wing Rooms
Eight guest rooms, each with either a King or one Queen bed and a private bath. A short walk via an adjoining breezeway brings you to the dining area, parlor, front porch, reception area and Jacuzzi. The garden or mountain views from the West Wing are similar to those from the Main Inn.

subset: commoncrawl


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- Wire Specification: 6mm per phase (Copper wire only).
- Sizes given are nominal.
- Due to continuous up-gradation of products, design & specifications may change without prior notice.
Our Sauna can be customized to suit your space, budget and taste requirements. The outstanding construction surpasses your expectations every time you unwind in your Sauna and ensures an ideal and safe environment. Fine craftsmanship and superior material used produce Saunas that are cool to touch, resistant to distortion, shrinking, discoloration, and corrosion.
Salient Features
- Space saving Sauna generator, can be wall mounted.
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- Large capacity rock container
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- Igneous Dolerite rock withstand rapid heating and cooling.
- Made from tough, heat resistant timber. (Pru…/Pine wood)
- Wide Sauna benches with contoured back rests and head rests.
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- Thermally insulated walls and roof. Stainless steel heating elements.
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- Triple-wall construction for cool-to-the-touch surface.
- On/off display light indicates mode of operation.
- Profiled, ergonomic grip-track knobs for easy use.


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The Eat to Live food list contains all-vegetarian ingredients with a wide variety of vitamins and minerals. The idea is that including such a broad range of nutrients will give your body what it needs. In contrast, eating based on calories doesn't necessarily provide enough nutrients to stay healthy.
Eat to Live Philosophy
"Eat to Live" is a book and philosophy from Dr. Joel Fuhrman, who focuses on addressing disease through nutrition. The Eat to Live concept revolves around a "health = nutrients/calories" system. This basically means eating food with a lot of nutrients -- not necessarily a lot of calories -- will make you feel satisfied and full and will lead to good health. Foods with a lot of nutrients are, by nature, nutritious and therefore help support health.
Vegetables Form the Base
Not surprisingly, the first food group on the list is vegetables, many in unlimited amounts. Raw vegetables are especially favored; a good way to do this is to serve salad as your main meal. Other vegetables to feast upon include cooked green and otherwise colorful vegetables like broccoli, carrots, mushrooms, peppers, tomatoes, red cabbage and more. Starchy vegetables like potatoes, yams and corn are allowed, but not in unlimited quantities; the plan advises about a cup per day.
Surround Veggies With Fruits, Beans, Nuts and Seeds
Alongside veggies, the Eat to Live food list includes other healthy staples, including fruits, beans, nuts, seeds and tofu. Try sprinkling seeds onto your salad, or make a fresh nut-based dressing. Beans and tofu offer additional fiber and protein. Aim for about a cup a day; try a black bean salad with freshly chopped tomatoes and scallions for lunch. Include about four servings of fruit per day, along with about an ounce of raw nuts.
Foods to Avoid
Just as there are foods to include, the Eat to Live plan also outlines some foods to avoid. These include all refined carbohydrates. While beans, vegetables, fruits and the other desired foods offer healthier complex carbs, refined carbs don't provide as much nutrition, as they have been altered from their natural state. Refined carbs include white bread, pasta, white rice, fruit juice, dried fruits and sugar. Eat to Live also discourages eating meats and excess fat.
- Paulus Rusyanto/iStock/Getty Images


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Click the thumbnail below to get an illustrated Secret Santicore 2013 cover by Scrap Princess!
Volume 2 is here
Edits, corrections, etc can be emailed to metalvsskin at gmail dot com
This is mostly homebrew stuff for my RPG campaigns, and thoughts on tabletop and G+ hangout gaming.
Thank you so much for your work on this! I know it was a massive undertaking, but know that your pain is our pleasure. Secret Santicore has become my favorite RPG resource of the year, and you and all the contributors are much appreciated.ReplyDelete
You're welcome! Hearing back makes the effort worth it. I look forward to seeing people's comments as they use each other's material.Delete
^Yeah, that.^
Thank you very much.


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Partnerships in Character Education Program
Florida Department of Education Abstract
Contact: Don Griesheimer
Turlington Building, Room 532
325 West Gaines Street
Tallahassee, FL 32399-0400
(850) 488-5011
Florida's Partnerships in Character Education (FPCE)
Grant Number: R215V010004
Project Period: 7/1/01 - 6/30/05
FY 2001 Award: $250,000
FY 2002 Award: $250,000
FY 2003 Award: $250,000
FY 2004 Award: $250,000
The purpose of this project is to build on the foundation set by the State of Florida Character Education Advisory Committee and to develop a statewide model partnership. This partnership will link both established district programs and pilot district programs in character education with programs in law-related education, service learning, and conflict resolution in the K12 schools. These programs will then foster the development of positive character attributes such as caring, civic virtue and citizenship, justice and fairness, respect, responsibility, trustworthiness and other traits identified by partners as important for Florida's youth.
The project, Florida's Partnerships in Character Education (FPCE), will establish a statewide resource center, conduct evaluation and research related to best practices, and conduct regional and state conferences for the identification and dissemination of high quality programs that demonstrate a positive impact on the knowledge, skills, attitudes, and actions of our children.
The Florida Department of Education will serve as a partner in FPCE along with school districts and local schools, state and national resources, and the Consortium for Social Responsibility and Character in Education. FPCE will serve as a clearinghouse for character education activities in the State of Florida, and will serve all 67 districts through its Web site, materials clearinghouse, and regional and state training conferences.
The student outcomes associated with FPCE activities include: reduction in violent and disruptive behaviors, increased sense of social responsibility and civic virtue, and an increase in positive behaviors related to positive character attributes.
Back to Previous Partnership in Character Education Awardees


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"We got our name because we're all getting a little bit older, and it's about time to send us off to the glue factory," jokes Greg Lowther, 40-year-old drummer for Glue Factory. "We're not hiding our age like Mick Jagger. We're embracing the fact that we're geriatric punk rockers."
On June 18, Glue Factory will play Hussong's Cantina in Ensenada with 3rd Alley.
"It's the first time a punk rock band has played at Hussong's," says Ensenada businessman and part-time rock promoter Memo Ramirez. Gringo rock bands have never played Ensenada's famous watering hole. Established in 1892, Hussong's is known for its strolling mariachi bands. The bar is packed most weekend nights. Ramirez says he suggested the idea to the bar owners and they liked it. Lowther likes the idea, too.
"I've been drinking at that bar since I was 15," says Lowther. "Ensenada is my favorite city outside the U.S.... Memo wanted us to play at Rosarito [Beach], but Rosarito is not as cool as Ensenada. Rosarito is a bad version of Huntington Beach."
In the past, Ramirez has booked Shortbus shows at Ensenada's Papas & Beer. Shortbus includes former members of Sublime and now records for the Long Beach Records label owned by Lowther. Long Beach Records' roster of ten artists (3rd Alley and Glue Factory among them) includes musicians that played in bands alongside Sublime in the late '80s and early '90s.
Glue Factory and 3rd Alley appear 9 p.m., June 18, at Hussong's Cantina in Ensenada. Must be 18.
More from SDReader
- More stories by Ken Leighton
- Baja Is Still Baja — Nov. 13, 2012
- Punk Definition #569 — Nov. 1, 2007
- White-Boy Reggae Is Over — May 24, 2007
- Rapp vs. Rap — Feb. 1, 2007
- Best of 2001: Best Time To Visit The Coast's Most Historic Bar — Dec. 27, 2001


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If you want to report an issue or make a suggestion for an app, contact the app developer.
Rate/ Review the App
Flag the App for Inappropriate Content
Visit the Developer's Web Page
Email the Developer
From the Developer section, tap Visit webpage.
Developers may also use this method for feedback.


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The first light-rail vehicle built for the new Central Corridor line between downtown Minneapolis and downtown St. Paul made its public debut Wednesday at the Target Field Station in Minneapolis.
The train car was accompanied by a recently repainted Hiawatha line vehicle. Both sported the new logo identifying them as part of Metro Transit's color-coded system of light-rail and bus rapid tranit lines. The 11-mile Central Corridor will operate as the Green Line when it begins service in 2014.
The $957 million project is nearly 75 percent complete, according to Metropolitan Council chairwoman Susan Haigh, who toured the new train car with St. Paul Mayor Chris Coleman.
At the event, Haigh, Coleman, Minneapolis Mayor R.T. Rybak, U.S. Sen. Amy Klobuchar, U.S. Rep. Betty McCollum and other officials shared their hopes for the expanding Twin Cities mass transit system.
Coleman said developers have already started to capitalize on the Central Corridor project, with housing projects dotting University Avenue and downtown St. Paul.
"All that, plus the announcement of the St. Paul Saints ballpark construction project in Lowertown, has generated excitement for both business owners and residents who make downtown and Lowertown their home," Coleman said.


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Each year when the leaves on the trees make their autumnal change, not only does it mean winter will soon be on its way, but it also signals the release of new cookbooks making their way to our kitchen shelves.
This week I'm crushing on another talented food blogger (click here to see more food blogger interviews) who has made her foray into the cookbook realm, creating amazingly innovative recipes that are all created between two hot presses. Meet this week's foodie crush, Kathy Strahs of Panini Happy, and win a copy of her new cookbook The Ultimate Panini Press Cookbook plus Kathy's must-eat-for-fall recipe: Roasted Apple, Brie and Pecan Panini.
But first, I want to tell you more about the uber talented Kathy. Maybe beyond talented, because creating a blog using everyone's favorite sandwich maker, and consistently creating unique recipes that continue to inspire, takes some serious skills. And Kathy does just that.
Blogging since January of 2008, Kathy found the source of her online recipe inspiration thanks to the one and only Oprah.
"I watched Oprah's annual 'Favorite Things' episode where she raved about her panini press, and I was intrigued," Kathy reveals. "That model subsequently sold out everywhere. The next month my sister gave me one for Christmas. We had a newborn baby at home and I was going to be taking some time off of work," says Kathy.
"I decided to start a food blog centered around my new panini press, exploring creative uses for it," she explains. "I started out with mostly sandwiches (of course) but it wasn't long before I began branching out into making ice cream cones, cornish game hens, cakes and lots of other fun non-panini on the press."
Kathy and her husband Mike and at the Fig Fest in San Diego, CA.
continue to the recipe… about Crushing On Kathy Strahs of Panini Happy Plus Roasted Apple, Brie and Pecan Panini


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How To Parent: Get Better Behavior Out Of Your Kids
Why Consequences Aren't Enough, Part 1: How to Coach Your Child to Better Behavior
by Sara Bean, M.Ed., Parental Support Line Advisor
Do you feel stuck in a cycle with your child where his behavior isn't changing—and might actually be getting worse? Many parents think that simply giving consequences should be enough to fix misbehavior. These same parents often end up feeling defeated and are left wondering why the consequences didn't work. In this two-part series, Sara Bean explains the key to changing kids' behavior (and it's not consequences). Read on to learn how to parent your child more effectively, starting today.
"You'll be giving consequences but will be not seeing any change—stuck in this cycle like a hamster on a wheel until you start to see your role as a parent differently."
Do you use consequences with your kids and wonder why their behavior isn't changing? Many parents mistakenly think that consequences alone are enough to discipline children effectively, but they're not. Many parents also believe that for a consequence to be effective, it has to make their child completely miserable. Parents will call the Parental Support Line and say, "I really can't find a consequence that my teen cares about; nothing stings enough to make him stop acting this way." As James Lehman said, "You can't punish kids into better behavior." Some parents think that kids learn solely by experiencing an unpleasant outcome, but that's not usually the case. In my opinion, many parents are overly focused on consequences as their primary discipline technique. If this is you, you'll be giving consequences but will not be seeing any change—stuck in this cycle like a hamster on a wheel until you start to see your role as a parent differently. You'll be doing all sorts of hard work and using up a lot of energy, but not really getting anywhere.
Related: It's not just about consequences—find out what you need to do to be an effective parent.
James Lehman's three effective parenting roles lay the foundation for holding kids accountable by giving parents the necessary perspective and skills they need to teach their kids better ways to behave. Let's be clear: we mean "teaching" here in quite a literal way. We want our kids to learn new skills, what James called "replacement behaviors." For example, if you have a child who typically gets verbally abusive when you ask him to do chores, you need to teach him another way of handling things instead of calling you foul names or screaming at you. What it really comes down to is this: you can tell your child to stop doing something until you're blue in the face. You can take away any and every privilege they have for weeks or months at a time, but if they don't know what to do instead—or even understand what else is acceptable—the negative, abusive behaviors are just going to continue, and you're going to become more and more frustrated and exhausted.
The Three Parenting Roles
In The Total Transformation Program, James Lehman identifies three effective parenting roles that we all need to take on with our kids. Committing to taking on these roles is one of the most important steps to stopping undesirable behaviors and making positive changes in your family and home life. By the way, when he talks about roles, he doesn't mean the kind of role an actress plays in a movie, where she's just pretending to be somebody else—he means a functional purpose which you fulfill or assume in your life. These roles are:
- The Trainer/Coach
- The Problem Solver
- The Limit Setter
They can be seen as three different sets of helpful skills that you can practice and use together to influence your child's behavior. It's important that you incorporate all three on a daily basis, transitioning from one to the other as needed. Be aware that you might be a Limit Setter at one moment and later shift into Problem Solver mode. You don't want to simply choose one of these roles and become rigid, getting stuck in it for a long period of time without using the other two roles; this won't be effective. The three roles go together and must be blended and balanced. I've talked to many parents who told me that with time and practice, they were able to use all three roles with ease. Today I'm going to tell you more about the critical Trainer/Coach role.
The Trainer/Coach
When you're playing the part of the trainer and coach, you're going to be focused on teaching your child a skill she needs to be successful in life. The Trainer/Coach role asks you to look at where your child is right now. Ask yourself, "What is my child currently able to do?" and coach her forward from there rather than starting at a level higher than what your child can manage. After all, you wouldn't sit your three-year-old down one day and expect her to write her name all on her own without teaching her first. It's just not a realistic expectation. Breaking a big, hard task into smaller, more manageable steps is important. Instead of focusing on immediate results and trying to achieve an ideal of perfection, start where your child is and move forward.
Make sure the ideals you'd like your child to reach are attainable for her. Remember, as James says, "You have to parent the child you have, not the child you wish you had." A parent using the Trainer/Coach role understands that children will struggle—and that many times you need to let them struggle. They will experience some discomfort and unpleasant feelings and that's okay; it's a necessary part of growing into a responsible adult.
Related: Find out the secret of giving consequences that work.
Here's a scenario to show you what I mean. Let's say a softball coach sees a player having trouble hitting the ball. The child swings and misses, hits a foul ball, and eventually strikes out. The coach doesn't get in there and say, "Give me that bat; I'll do it for you." The coach lets the player get through the situation, lets her feel sad or angry about it and then talks to the player later and says something like, "I know you really want to hit the ball. Here's what I saw you doing that isn't helpful; try it this way instead. If you keep trying, you'll get this. We'll work on this more at practice tomorrow." So kids need practice and repetition at home too, just like we do as parents. They need to strike out several times in order to really start to learn new ways of handling their problems. And they need you to let them strike out in most cases. Remember, repetition leads to success.
Let's put this in terms of something that might happen at home. Let's say your tween is demanding that you take her to the mall, but her room is a disaster. An ineffective way to handle that might be, "How dare you talk to me that way! I'm not going to drive you to the mall with an attitude like that. And on top of that, your room is still a mess. Since you didn't clean it today like you were supposed to, you've lost your computer for a week." In contrast, the Trainer/Coach might say, "I want you to be able to go to the mall. Here's what isn't helping you. I heard you tell me in a loud voice to drive you to the mall and I see that your room is still very messy. There are still clothes, shoes, and books all over the floor. So here's what you can do instead. You can clean your room, put your clothes away, and put the books back on the shelf, and then come back and ask me if I will drive you to the mall in a quieter voice. That's how you can get what you want."
In part two of this series, Sara Bean will explain more about the Problem Solver and Limit Setter Roles, and how to use all three roles to parent your child more effectively to help them change their behavior. Please check your inbox next week for Part 2 of "Why Consequences Aren't Enough" from EmpoweringParents.com.
Why Consequences Aren't Enough, Part 1: How to Coach Your Child to Better Behavior reprinted with permission from Empowering Parents. For more information, visit www.empoweringparents.com
Sara A. Bean, M.Ed. holds a Masters Degree in Education with a concentration in School Counseling from Florida Atlantic University. She is a Certified School Counselor and a proud aunt to a 5 year-old girl. She has been with Legacy Publishing since 2009 working on the Parental Support Line. Sara has over 5 years of experience working with youth and families in private homes, residential group homes, and schools.
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text: UFDC Home | Help | RSS TABLE OF CONTENTS HIDE Front Cover Synopsis Introduction Breeding history Growth Physical development Behavioral development Parental care Comparison of the development of... Literature cited Back Cover Group Title: Growth and development of the eastern harvest mouse, Reithrodontomys humulis (FLMNH. Bulletin, v.4, no.2) Title: Growth and development of the eastern harvest mouse, Reithrodontomys humulis CITATION THUMBNAILS PAGE IMAGE ZOOMABLE Full Citation STANDARD VIEW MARC VIEW Permanent Link: http://ufdc.ufl.edu/UF00001548/00001 Material Information Title: Growth and development of the eastern harvest mouse, Reithrodontomys humulis Series Title: Florida. University, Gainesville. State Museum. Bulletin. Biological sciences Alternate Title: Harvest mouse Physical Description: 62-82 p. : illus. ; 23 cm. Language: English Creator: Layne, James Nathaniel Publisher: s.n. Place of Publication: Gainesville Publication Date: 1959 Subjects Subject: Reithrodontomys ( lcsh ) Genre: bibliography ( marcgt )government publication (state, provincial, terriorial, dependent) ( marcgt )non-fiction ( marcgt ) Notes Bibliography: Bibliography: p. 81-82. Record Information Bibliographic ID: UF00001548 Volume ID: VID00001 Source Institution: University of Florida Holding Location: University of Florida Rights Management: All rights reserved by the source institution and holding location. Resource Identifier: aleph - 000440458oclc - 05069265notis - ACK0924lccn - a 59009642 Related Items Other version: Alternate version (PALMM)PALMM Version Table of Contents Front Cover Front Cover 1 Front Cover 2 Synopsis Page 61 Introduction Page 62 (MULTIPLE) Breeding history Page 63 Growth Page 64 Page 65 Page 66 Physical development Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Behavioral development Page 74 Page 75 Page 76 Parental care Page 77 Page 78 Comparison of the development of Reithrodontomys humulis and R. megalotis Page 79 Page 80 Literature cited Page 81 Page 82 Back Cover Back Cover 1 Back Cover 2 Full Text BULLETIN OF THE ... FLORIDA STATE MUSEUM BIOLOGICAL SCIENCES Volume 4 Number 2 GROWTH AND DEVELOPMENT OF THE EASTERN HARVEST MOUSE, REITHRODONTOMYS HUMULIS James N. Layne UNIVERSITY OF FLORIDA Gainesville 1959 The numbers of THE BULLETIN OF THE FLORIDA STATE MUSEUM, BIOLOGICAL SCIENCES, will be published at irregular intervals. Volumes will contain about 300 pages and will not necessarily be completed in any one calendar year. Oliver L. Austin, Jr., Editor The publication of this number of THE BULLETIN has been made possible by a grant from the Graduate School, University of Florida. All communications concerning purchase or exchange of the publication should be addressed to the Curator of Biological Sciences, Florida State Museum, Seagle Building, Gainesville, Florida. Manuscripts should be sent to the Editor of the BULLETIN, Flint Hall, University of Florida, Gainesville, Florida. Published 27 April 1959 Price for this issue $.30 GROWTH AND DEVELOPMENT OF THE EASTERN HARVEST MOUSE, REITHRODONTOMYS HUMULIS James N. Layne 1 Synopsis: Observations were made on the breeding history, growth and development of the young, and parental care in captive eastern harvest mice, Reithrodontomys h. humulis. Breeding occurred throughout the year, gestation was presumably 24 days or less, and mean litter size was 2.2. The sex ratio at birth was even. The curves for body weight and total length became essentially asymptotic by the 7th week. Tail length increased only slightly after the 5th week, and the curve for hind foot length leveled off at 3 weeks. Mean ear length showed no significant increase after the 4th week. A marked slowing at 3 weeks of the initially rapid growth in weight, total length, and tail length coincided with the period of weaning. Newborn young are pinkish and possess both vibrissae and a sparse scattering of hairs over the middorsal region. The pelage is sufficiently developed by the end of the first week to exhibit the typical juvenile coloration, and by the second week the juvenile coat is apparently fully grown. The postjuvenile molt takes place between the 3rd and 9th weeks. Full adult pelage is not attained until at least one further partial or complete molt. The eyes open from the 7th to the 9th or 10th days of age. The pinnae unfold on the 1st or 2nd day of age, and the external auditory meatus becomes patent from the 7th to 10th days. Claws are present at birth and are noticeably better developed by the 4th day. Incisors were above the gums on the 4th day in one mouse, but typically did not appear until the 6th or 7th day. They are faintly yellowish by the end of the 2nd week. All molars were apparently functional in a specimen 4 weeks of age. Weaning occurs between the 2nd and 4th weeks. The vulvas of females opened between the 4th and 7th weeks, and two females became pregnant for the first time at 11 and 20 weeks of age. The testes and cremaster of the males enlarged by the 7th or 8th week. The young have little coordination at birth. When 4 days old they can sit upright, and the prehensile nature of the tail is apparent. Week-old young scratch and attempt to wash. With the opening of the eyes they become more active and exploratory, and by 2 weeks of age their behavior is similar to that of adults. Most individuals were nervous and wild. The young and adults were generally highly tolerant of one another, although some fighting occurred among males in one cage. Increased nest building and food storing activities may precede parturition in females. Mothers exhibited concern for their young through the 3rd week of age, although the intensity of parental care declined after the 2nd week. In- 1 The author is Assistant Professor of Biology at the University of Florida, an Associate of the Florida State Museum, and serves as curator of mammals for the University of Florida Collections. 57 A O 7 J L stances of paternal care were observed, and behavior assumed to represent a weak retrieving response was noted in 4-week-old young. Comparison of the growth and development of R. humulis and R. megalotis indicates a close similarity of postnatal developmental patterns, although megalotis may have a somewhat slower growth rate. Introduction Comparative data on postnatal growth and development in different species and subspecies of mammals are often of interest from a taxonomic, genetic, physiological, behavioral, or ecological standpoint. Knowledge of such aspects of the reproductive biology of mice of the genus Reithrodontomijs is apparently limited to only 3 of the 17 Recent species. Two accounts (Svihla, 1931; Smith, 1936) apply to R. megalotis. Svihla (1930) gives weights and a short description of the newborn young of R. fulvescens, and Audubon and Bachman (1849) mention the birth in captivity of two litters of the eastern harvest mouse, R. humulis, noting that the young were blind and naked at birth, became covered with hair in a few days, and were seen peeping out of the nest when a week old. Holding and Royal (1952) present more extensive data on the development of a single young R. humulis. An adult female and juvenile male Reithrodontomys h. humulis (Audubon and Bachman) captured by hand 16 December 1956, near Gainesville, Alachua County, Florida, served as the nucleus of a small laboratory colony. This colony was studied actively for about a year. During this time 11 litters were produced and observations were made on breeding, growth and development of the young, and parental care. Methods The mice were first kept in a large aquarium with a hardware cloth top. Several inches of dry sand served as a substrate, and dried grasses were supplied for cover and nesting material. Later, wire cages with a litter of sawdust or wood shavings and cotton for nesting material were used. Shelled whole corn was the principal food given. This diet was supplemented with sunflower seeds, crimped oats and oat flakes, Purina lab chow, and various fresh fruits and vegetables. Water was provided in open dishes or in standard water bottles. When litters were expected, the nests were usually examined for young in the morning and evening. Young born during the period between the evening and morning checks were considered as being newborn on the day discovered, even though the exact time of parturi- tion was not known. No differences in the degree of development of such litters as compared to those examined a short while after birth were apparent. The intervals at which different litters were examined varied. The young of all litters, except two for which the date of birth was doubtful, were examined on the day of birth. In one litter the young were examined daily up to the 10th day and weekly to 11 weeks of age. One litter was examined at 1- to 3-day periods for the first 9 days and weekly to the 4th week, while another was observed at 2-day intervals for 2 weeks and once a week up to the 16th week of age. Four litters were handled only at weekly intervals up to 10, 11, 12, and 17 weeks, respectively. Two litters were examined only at birth. In one of these the single young found shortly after parturition was missing from the nest the next day. One young of the other litter of three was preserved at birth as a permanent record, and the mother destroyed its nest mates the following day. When examinations at weekly intervals were discontinued, the mice were observed at longer and more irregular intervals. For better observation of critical details, a stereoscopic microscope was used in examining the young at early ages. Weights were ordinarily taken each time the litter was handled, while measurements were generally taken only at weekly intervals through the 10th week and usually more sporadically thereafter. Three newborn young were sacrificed to obtain measurements at birth. In all other cases measurements were taken on anesthetized young. Mice 1 to 3 weeks of age were anesthetized by placing them in a covered finger bowl containing a small piece of ether-soaked cotton. Older young were anesthetized in a similar fashion in a gallon glass jar. The animals were removed from the dish or jar as soon as movement ceased. If they became active during measuring or examination they were returned to the container until unconscious again. As the same state of relaxation was not always attained, this method sometimes resulted in slight discrepancies in measurements of the same individual from week to week. However, as the errors were ordinarily small and tended to cancel each other out and the number of measurements for each age is fairly large, the values obtained are considered sufficiently reliable to reflect growth rates accurately. Breeding History All litters studied were the result of matings in captivity. Births occurred in every month of the year except February, May, and November. The original female produced 8 litters totaling IS young in an 11-month period. She gave birth to her first litter in captivity 31 March 1956, and six litters followed at 28-, 49-, 31-, 26-, and 24-day intervals. The last litter was born in January 1957. Although she was kept with her original mate for 15 months afterwards, this female did not breed again. The three other litters were born to her offspring. The 24-day minimum time between successive litters recorded for the original female indicates that the gestation period in Reithro-dontomys humulis is 24 days or less and that mating may take place shortly after parturition. Gravid females appeared noticeably swollen in the abdominal region several days before parturition. The original female, whose nonpregnant weight varied from about 6.5 to 7.0 grams, weighed 9.5 grams 3 days before the birth of one litter of two and 10.1 grams 4 days prior to the birth of another litter of two. Litter sizes ranging from 2 to 5 have previously been reported for the eastern harvest mouse (Audubon and Bachman, 1849; Brimley, 1923; Holding and Royal, 1952). In this study the exact number of young at birth was known for nine litters; there were three litters of 3 young, five of 2, and one of 1, giving a mean litter size of 2.2. The size of two other litters was questionable, for evidence suggested that the mothers might have destroyed some of the young. The sex ratio at birth was even. Growth The mean weight of 20 young at birth was 1.2 grams, with extremes of 0.8 and 1.6 grams. Figure 1 shows the weights of individual young plotted at weekly intervals from birth through 10 weeks; the curve connects the average weights at each week. Two growth phases, characterized by distinctly different relative growth rates, seem evident from these data. During the initial phase, from birth to 3 weeks, weekly weight increments average 1.03 grams, or approximately 86 percent of the birth weight. Weight gain averages about .42 grams (35 percent of the birth weight) per week during the second growth phase, which extends from the 3rd to the 7th week. By the latter age, the curve for weight becomes essentially asymptotic. The freshly-killed newborn mice had the following measurements before being preserved: Total length, 37, 37, 38 mm.; tail length, 10, 11, 11 mm.; and hind foot length, 5, 5, 6 mm. Holding and Royal (1952) give measurements of 35 mm. total length and 11 mm. tail length for a single R. humulis at birth. Figure 2 shows measurements of young at weekly intervals from birth to 10 weeks. Growth in total length and tail length shows two rather distinct phases, as in the case of weight. From birth to 3 weeks of age total length increases an average of approximately 20 mm. per week, or 54 percent of the length at birth. Growth from the 3rd to the 7th weeks averages only about 5 mm. (12 percent of mean total length at birth) per week, and there is no significant increase in total length after the 7th week. The initially high growth rate of the tail from birth to the 3rd week is approximately 118 percent (12.6 mm. per week) of the tail length at birth per week. The tail increases only about 1.2 mm. per week (10 percent of its length at birth) from the 3rd to the 5th week. The mean tail length at 6 weeks is less than a millimeter longer than at 5 weeks and no further growth is evident after the 6th week. 1.0-^ 0.5- ol__J_I_i i_t_1_I_I_I_I_L BIRTH I 23 4 5 6 7 8 9 10 AGE IN WEEKS Figure 1.Growth in weight of Reithrodontomys humulis from birth to 10 weeks of age. The growth of the hind foot levels off at 3 weeks of age at a mean length of 14.3 mm. There is a slight increase, to an average length of 14.7 mm., by the 6th week, after which no further change is recorded. Increase in hind foot length during the first week is approximately 88 percent of its size at birth, and it grows at a rate of about 32 percent of its length at birth per week in the next 2 weeks. As the pinna is folded over at birth, the first ear measurements (from notch) were made at one week of age (mean 4.4 mm.). The ear is 34 percent larger at 2 weeks, and during the 3rd and 4th weeks shows a weekly increase of approximately 19 percent of its length at 1 week of age. No significant difference in the weekly means for ear length is apparent after the 4th week. t TOTAL LENGTH V-V A - TAIL LENGTH HIND FOOT LENGTH vrw- .35-fw- EAR LENGTH J_I 5 6 AGE IN WEEKS Figure 2.Growth in four linear measurements of Reithrodontomys humulis from birth to 10 weeks of age. The termination of the period of rapid initial growth, which is clearly evident at 3 weeks in the curves of weight, total length, and tail length, is correlated with the period of weaning. The present data do not indicate any significant differences between intralitter and interlitter variability in growth rates, nor any apparent correlation between growth rates and litter size. In several cases a young in a given litter was noticeably smaller than its litter mates at the time of birth. Such individuals continued to lag behind the others in size and development throughout the period of growth, although the differences were most pronounced at the earlier ages. Physical Development Pelage. Young examined within several hours of birth (Fig. 3A) are pinkish in color all over, although tiny, discrete, dark pigment spots, apparently associated with developing hair follicles, impart a slightly dusky tinge to the middorsal region. The skin is rather loose, wrinkled, and somewhat transparent, particularly on the lower sides and venter. In these areas blood vessels are quite prominent, and the lower portions of the ribs, the costal cartilages and sternum, and the abdominal viscera are visible through the skin. Nipple sites are faintly evident on the venter. The vibrissae are relatively well developed, the mystacials being the most conspicuous. Fine, widely scattered, short hairs are also present on the middorsal region and are most abundant on the head. Short bristles are visible on the chin; otherwise the lower sides, limbs, tail, and venter are devoid of hair. Although no young were examined immediately after birth, the assumption is made that the pelage development observed in mice several hours after parturition is similar to that at birth. Audubon and Bachman (1849) and Holding and Royal (1952) have stated that newborn humulis are hairless at birth. The latter did not record the appearance of hair until 5 days of age. The discrepancies between these observations and the present are most likely the result of differences in the manner in which the young were examined at the earlier ages. I found that during the first few days of development the hairs on the body could be seen clearly only under magnification. In day-old young the dorsum is slightly darker and the hairs are noticeably more abundant. Both short dark hairs and longer lighter ones are now evident. The short dark hairs are denser than the widely scattered long ones and are best developed on the head and shoulders. Whitish hairs are visible on the sides of the body and on the limbs to the wrists and ankles; a few also appear widely spaced on the venter. The tail is hairless but slightly bicolor from the development of pigmented follicles on the dorsal surface. Patches of dusky pig- ment are visible on the ankles, and the soles and plantar tubercles of the hind feet have become noticeably darker. By the 2nd day of age the longest hairs of the developing pelage are approximately 1 mm. in length. The dark hairs are still most abundant on the crown and rostrum. The upper surface of the fore and hind feet now have a covering of hair, but none is yet visible on the digits. Although still sparse, hairs are more abundant on the venter. The tips of the hairs have appeared above the skin on the dorsal surface of the tail. The skin is definitely more opaque, and blood vessels are visible only on the lower sides, belly, and limbs. At 3 days of age, hairs appear on the digits and on the lower surface of the tail. Dandruff-like scales are also visible on the dorsum. By the 4th or 5th days (Fig. 3B) the dorsal pelage has assumed a faintly brownish tinge, particularly on the head and shoulders. A patch of dark hairs has developed on the front of the wrists and ankles. The liver is still faintly visible through the abdominal wall, although the ventral pelage is better developed. Epidermal scales are still conspicuous. The pelage is sufficiently developed by the end of the first week (Fig. 3C) to exhibit the general juvenile color pattern, the upperparts being dark grayish brown and the underparts grayish white. A faint pale yellowish tinge is evident on the cheeks, on the sides of the head anterior to the base of the ears, and along the extreme lower sides. The wash along the lateral line is suggested in some individuals as early as the 4th day, whereas the yellowish patch of hairs in front of the base of the ear is apparent by the 6th day. Epidermal scales are noticeably fewer on the 6th day and disappear a day or two later. Development of the pelage after the first week chiefly involves further growth in the length of the hairs (Fig. 4A). By the end of the 2nd week the juvenile pelage is essentially fully developed (Fig. 4B). The coat has lost its earlier sleek appearance and is now looser and more fuzzy. Data on the postjuvenile molt were obtained from 6 litters comprising 11 young examined at weekly intervals (Fig. 5). Molting was first observed at the 4th week, and all individuals had essentially completed the molt by the 9th week of age. Although individual Figure 3.Stages in the development of Reithrodontomys humulis. A. Young at birth, B. Four days of age. C. One week of age. Scale in each case equals 1 cm. variation in the timing and sequence of the replacement was rather marked, the general pattern appeared to be for the molt to begin on the venter and then spread to the upperparts, beginning first on the lower sides, extending dorsally at midbody, and then proceeding anteriorly and posteriorly onto the head and lower back. In some individuals a patch of juvenile pelage persisted on the crown after the remainder of the body had completed the molt. As the molt was completed rather rapidly, the times at which the young were examined were too far apart to provide a detailed picture of the molt pattern. The sequence observed was, however, in general agreement with that established by Hooper (1952) through the study of conventional museum skins of various species of Reithrodontomys. Figure 4.Stages in the development of Reithrodontomys humulis. A. Ten days of age, B. Two weeks of age. Scale in each case equals 1 cm. The postjuvenile or subadult pelage is browner above and more distinctly buffy along the lower sides than the juvenile coat, but not as bright or rich as the full adult pelage. The venter of the sub-adult animal also appears more thickly haired and less grayish than in the juvenile. Mice in the postjuvenile pelage frequently exhibited a faint buffy wash on the breast and occasionally along the midline onto the belly. It was not determined whether this coloration is due to pigment in the hairs or to a stain from some glandular secretion. Five of 11 individuals completed the postjuvenile molt between the 3rd and 6th weeks, while in 6 the molt occurred in the interval between the 5th and 9th weeks. The duration of the molt was calculated from the last week that no molt was observed to the first week that complete postjuvenile pelage was present (including some specimens that retained a small patch of juvenile pelage on the crown). On this basis the maximum period of molting ranged from 1 to 3 weeks, with an average of 2 weeks. Full adult pelage apparently is not attained until one or more additional complete or partial molts. Data obtained on molts after the postjuvenile, though incomplete, do indicate another molt, and perhaps two in some individuals, before 30 weeks of age. One mouse was molting at 15 weeks and completed what was apparently a second molt phase between 24 and 26 weeks. Another completed a molt between 20 and 22 weeks, and a third was undergoing a molt at 17 weeks. One individual of a litter of two began to molt at 13 weeks of age and was in an advanced stage of replacement of hair when killed the following week. Its litter mate was molting when examined at 17 weeks. The pattern of these molts was not clearly evident. However, replacement seemed in general to proceed as in the postjuvenile molt, as also indicated by Hooper (1952), although it appeared to be even more diffuse and variable. The pelage following these molts was grossly like that of the majority of adults, being a richer brown than the postjuvenile coat. Adult humulis are believed to undergo two partial or complete molts a year (Hooper, 1943). Eyes, ears, and claws. The eyes of the newborn young are covered with the sealed lids, which are so transparent that the iris is distinctly visible as a dark ring and the lens as a pinkish center. The crease marking the line of fusion of the upper and lower lids is not well marked. By the 2nd day the eyes are less prominent, as pigment is forming in the lids, and by the 4th day they are completely obscured. At this time the slit between the lids is considerably more noticeable. The eyes opened between the 7th and 10th days of age. * 5 6 7 8 9 AGE IN WEEKS Figure 5.Postjuvenile molt patterns in six litters of Reithrodontomys humulis examined at weekly intervals. Molt on the upper-parts only is shown. Clear area indicates juvenile pelage, stippled area intermixture of juvenile and postjuvenile pelage, and hatched area postjuvenile pelage. Of 9 young in which the opening of the eyes was recorded, the eyes were visible on the 7th day in 6, on the 8th day in 1, and on the 9th or 10th day in 2. The eyes of the single humulis individual studied by Holding and Royal (1952) opened between the 10th and 11th days of age. At birth the pinnae are tightly folded over and conceal the opening of the external auditory meatus. The posterior margins are slightly more elevated than the anterior ones. The pinnae unfolded in most of the young on the day following birth, though in some this did not occur until the next day. At first the pinnae stand out from the side of the head but within a day lie flat against the head. The pinnae are fleshy and but lightly pigmented during the first week of development. Hairs appear on the anterior portion of the lateral surface of the ears in some individuals by the 4th day of age, and by the end of the first week a sparse coating of hair covers the entire lateral surface. The external auditory meatus remains tightly closed until at least the 7th day of age. Five of 10 young had the meatus open on the 7th day. In 2 it was open on the 8th or 9th day, and in 3 others, on the 9th or 10th day. No reaction to sound was recorded for any young before the meatus opened. In several instances the typical reaction to a sharp sound, a convulsive start, was not elicited until the day after the meatus appeared to be open. The digits of the fore and hind feet are well separated at birth, and short, blunt, more or less translucent claws are present. The claws become noticeably sharper by the 3rd day and by the 4th are seemingly more opaque and harder. Dentition. In one young the lower incisors were visible on the 4th day of age, but in the rest the incisors were not clearly above the gum line until the 6th or 7th day. The lower incisors seemed to erupt before the uppers in some individuals, whereas in others both pairs appeared above the gum line about the same time. The incisors are white and chalky at first, but by the end of the 2nd week have taken on a faintly yellowish tinge. At this age the upper incisors are from .5 to .8 mm. in length and the lowers from 1.0 to 1.5 mm. At the end of the 3rd week the upper incisors are about 1 mm. long, the lowers 2.0 to 2.5 mm., and both pairs are brighter yellow than at 2 weeks of age. Little change in the size of the incisors is apparent after the 3rd week. The grooves in the anterior faces of the upper incisors are evident as soon as the teeth have extended beyond the gum. In one mouse sacrificed at the end of the 4th week the cheek teeth were all in position, although .the last molar in both upper and lower jaws was slightly below the level of the others. tyeaning. One individual was observed still nursing at the end of thje 2nd week; another at this age was seen feeding on fresh corn and was apparently fully weaned a week later. Other young were noted outside the nest with the parents at night by the end of the 2nd week, and most were foraging regularly outside the nest at 3 or 4 weeks of age. A mouse killed at the end of its 4th week had only solid food in the stomach. It thus appears that weaning occurs between the 2nd and 4th weeks, and that most of the young probably take mainly solid food by the end of the 3rd week of age. Sexual maturity. Although the vulvas of females opened for the first time between the 4th and 7th week, records of two pregnancies in captive-born young suggest that full breeding status may not be reached until several weeks later. Although caged with fully adult males, these two young females did not become pregnant for the first time until 11 and 20 weeks of age. A female sacrificed at 4 weeks had a small, undeveloped genital tract showing no evidence of reproductive activity. The testes of males showed slight enlargement, on the basis of external examination, by the end of the 4th week, but it was not until the 7th or 8th week that the testes conspicuously filled out the cremaster and the latter was sparsely haired. Two males killed at 10 and 14 weeks of age each had testes 5 mm. long and 3 mm. wide. The accessories were fully developed, and the cauda epididymal tubules were enlarged and contained spermatozoa. Behavioral Development The young are capable only of relatively uncoordinated movements at birth. When disturbed they writhe and twist the body and move the limbs about aimlessly. If they chance to roll onto the venter they can drag themselves a short distance, but soon topple over. During the efforts to crawl the fore limbs seem to provide most of the power and to be under better control than the hind limbs. The young sleep or rest on their sides and at brief intervals give involuntary convulsive twitches. They utter very high-pitched, insectlike peeping notes. When 2 days old some young reacted quickly to a slight touch on the side by giving a sudden jerk, sometimes throwing themselves so violently that they landed on their backs; other individuals at this age did not react similarly. It is not possible to say whether this is because of individual variation or simply that the relatively short periods of time the animals were out of the nest for examination precluded the possibility of observing the full range of behavioral capacities of any litter on a given date. > , By the 4th d*ay of age the young begin to utter a louder, more insistent squeak when disturbed. At this age they are able to crawl somewhat better and also begin to offer resistance when held in the hand. As earlier, the propulsive force seems to be mostly supplied by the fore limbs which now exhibit better coordination than before. At this age the tail begins to show its semiprehensile nature, moving in a wormlike fashion when the animal is active and responding quickly to a slight touch by bending toward the stimulus. The young rest on the venter more frequently and are apparently able to assume this position at will. When 1 week old the mice show considerable improvement in their crawling ability, although they still drag the venter on the ground and their legs still splay out to the sides. The hind limbs now function more smoothly, but are still less well coordinated than the fore limbs. The young can scratch the body with a hind leg and attempt to sit up and wash but, although they support themselves on the fore arms, are unsteady and fall over easily. When disturbed in the nest they exhibit a defense reaction similar to that sometimes observed in adultslying on the back and kicking violently. Convulsive twitches are still noted when the young are sleeping or otherwise motionless. The opening of the eyes and ears signals a marked change in behavior. The young become more active and responsive to their environment. At 10 days they walk more or less normally. They hold the legs fairly well beneath the body and no longer drag the venter. They sit up to wash more steadily than before and can lift the fore limbs off the ground during the washing process, although they occasionally lose their balance when doing so. They exhibit a definite tendency to remain together, crawling over and under one another in a wriggling mass. They show more fear of the observer and struggle hard to escape when grasped. Convulsive twitches are no longer noted when they are still. ' By 12 days of age the young have grown very active. If removed from the nest they scamper about with the typical "hitching" gait of the full grown animal and are difficult to capture. They still tend to remain together but wander about more. The use of the tail for support and balance when the animal is climbing is quite evident. The young can now sit erect on the hind legs to wash in the manner typical of the adults. They wash the'snout first, then the fur behind the ears, bringing the fore feet briskly forward over the backs of the pinnae. Next the flanks receive attention, the mouse twisting from one side to the other and stretching down and back to reach the pelage with mouth and paws. Finally, they groom the entire tail from the base to the tip. The young are venturing from the nest and look and behave like miniature adults at 2 weeks of age. When in the nest they tend to be difficult to flush and when outside run quickly back to the nest when alarmed. Most of the harvest mice composing the colony were nervous and jumpy in temperatment. If disturbed they usually dashed and leaped wildly about the cage or aquarium in a frenzy of excitement. Frequent handling appeared to have no effect on the disposition of the young, and after the eyes and ears opened they soon became as wild as the adults. The one exception to the generally nervous temperament of the animals, at least at first, was the original female. Immediately after capture she was extremely tame and would sit on the hand and allow hers'elf to be stroked gently without showing any inclination to escape. Although her mate was seldom seen during the day and remained hidden in the nest, she spent many hours sitting in the top of a dried clump of brome sedge stalks with her back pressed against the top of the aquarium. However, after several months in captivity this female also grew quite wild and as diffi-cut to catch and handle as the others. Coincident with this change in temperament, she also abandoned her diurnal activity to a large extent. Both the young and adults were highly tolerant of other individuals. All animals in a cage or aquarium usually shared a communal nest and newly introduced individuals were readily accepted without apparent antagonism. The original female and her mate often occupied a single nest with recently born young and those of a previous litter or litters. However, several observations suggested that the adult female might be somewhat antagonistic to other individuals for a short period just before or after the birth of a litter. In several cases the male or young of a previous litter who were sharing a nest with a female in advanced pregnancy were noted outside the nest near the time when parturition was believed to have occurred. Such aggressive behavior, if it actually was, was apparently of short duration, for the other individuals would soon be found back in the nest with the female and her young. The only fighting among the captives was recorded in a cage housing several males and females of older' litters. Most of the fighting apparently took place between the mklps. ; Evidence of strife, such as torn ears, patches of hair missing, and tooth marks in the skin, was not noted until the mice were obviously sexually mature, at about 11 or 12 weeks of age. Parental Care One observation suggests that the nest-building drive in pregnant females may be intensified shortly before the young are born. A gravid mouse housed in an aquarium for several days made no attempt to build a typical nest until suddenly one night she was noted actively so engaged. She bore her litter between 9 and 10 a.m. the following day. This female was also seen moving corn into the completed nest the night before parturition, which suggests that pregnant females may tend to provision the nest before bearing young. What might possibly be further evidence of this was noted in the original female before her first litter in captivity was born. About a week before parturition, a cache of corn was discovered in a small depression at the base of a clump of dried grass. The kernels had been carried from a foot away. Although this female and her mate had been kept in the same aquarium for 3 months, no food storage had been noted previously. Females exhibited concern for their young through the 3rd week after birth. Mothers often were extremely reluctant to abandon the nest and attempted to ward off fingers or forceps with boxing motions when the young were being secured for examination. In one case a female, using her mouth and fore feet, attempted to pull her week-old young back into the nest as they were being lifted out. Sometimes a mother would rapidly repair the nest wall from within as the observer began to open it from the outside to get at the young. On one occasion a female frequently interrupted her defense of 10-day-old young to push them deeper into the bottom of the nest, giving them a quick, nervous grooming each time. Mothers were not recorded as actively defending the young after the 2nd week, although during the 3rd week they often stayed around the nest when the young were being handled and appeared to show concern. On several occasions mothers flushed from the nest carried along a 7 or 8 day-old young clinging to a nipple. In one instance the young mouse was dragged roughly about the cage for some 30 seconds and even hung on when the mother ran upside down across the wire cage top. Audubon and Bachman (1849) did not observe the young,being carried on the nipples in the captive harvest mice they studied and believed this to be a behavioral difference between Reithrodontomys and Peromyscus. Females readily retrieved small young placed up to 6 inches from the nest. Before picking up the young, they performed a ritual of thoroughly sniffing and washing it while vigorously rolling it around with the fore feet. Females were seen to carry small young either by the nape of the neck or the skin of the belly. Often when young were removed from the nest to observe the retrieving response, the mother, though the young might be in full view only a few inches away, would seem to ignore their presence until they began to squeak. A female was twice seen trying to get older and more active young back to the nest. Once she seized a 10-day-old individual moving about near the nest by the shoulder and tried to push it through the wall of the nest. Failing in this, she went into the nest and pulled the young unceremoniously through the side. Several days later when a young of the same litter was returned to the aquarium still unsteady from anesthesia, the mother came up to it, straddled and cleaned it, then went directly to the nest. The young followed her and when it reached the nest began to push against it. The female came partly through the side, seized the young with her mouth and fore feet, pulled it inside, and then repaired the nest wall. The original pair was kept together throughout the observations and the one male fathered the 8 litters the female produced. Several instances of apparent solicitude toward young in the nest by this male were observed. Although he generally left the nest quickly when it was disturbed by removing the young, he did occasionally remain with the family and engage in defensive behavior, but was always more easily driven away than his mate. On one occasion he was seen to come part way out of the nest and retrieve a 4-day-old young that had been placed about an inch away. After dragging the young into the nest chamber he proceeded to clean it thoroughly in the same manner as the female and then set about repairing the opening in the nest. Examples of paternal care in other genera of cricetids (Baiomys and Peromyscus) have been given by Blair (1941) and Horner (1947). Twice, what appeared to represent a weak retrieving response in young of an older litter to those of a younger litter was observed. A pair of adults and litters of 2-day and 4-week-old young were housed in the same cage and shared the same nest. One night when the adults and older young were outside one ofi the babies was placed a few inches away from the nest. Soon one of the older young came over to it and sniffed and rolled it about to wash it in the same way as the mother. A few moments later it was joined by its litter mate and both washed and rolled the baby around but made no effort to carry it back to the nest. One of these two older young showed the same behavior when the experiment was repeated the following night. COMPARISON OF THE DEVELOPMENT OF REITHRODONTOMYS HUMULIS AND R. MEGALOTIS The descriptions given by Svihla (1931) and Smith (1936) of the development of Reithrodontomys megalotis provide a basis for at least a limited comparison of the developmental patterns of that species and R. humulis. As variations in certain aspects of growth and development in different species or subspecies in some mammalian genera, notably Peromyscus, have been shown to have taxo-nomic, behavioral, or ecological implications, such a comparison is of interest. The breeding seasons, gestation periods, and fecundity of the two species appear to be comparable. Smith (1936) indicates that breeding occurs in wild R. m. longicaudus nearly every month of the year, with peaks in April and October. The present data on captive eastern harvest mice suggest a similarly prolonged breeding cycle, although this is not as yet well corroborated with field data. The gestation period calculated for megalotis by Svihla (1931) was 23 or 24 days, whereas the evidence for humulis indicates an equal, if not shorter, period. Twenty-seven litters reported for megalotis (Svihla's and Smith's data combined) range from 1 to 7 with a mean of 2.5, while the average of 11 humulis litters (present study and Audubon and Bachman, 1849) is 2.4 with extremes of 1 and 4. Brimley (1923) gives a range of from 2 to 5 embryos for humulis in North Carolina but does not include individual counts or the mean. These samples show no significant difference in litter size between the two species. Adequate information on average and maximum fecundity in the two species is lacking, but Svihla's (1931) record of a female megalotis producing 7 litters totaling 17 young in a year's time is equalled by a humulis female who gave birth to 8 litters totaling 11 young in an interval of 11 months. The weights of newborn megalotis and humulis agree closely, ranging from 1.0 to 1.5 grams in the. former and from .8 to 1.6 grams in the latter. Weights of 1.07 and 1.15 grams have been given for the young at birth of a third species, R. fulvescens (Svihla, 1930). There is some disagreement in the descriptions of the newborn young of fulvescens, humulis, and two subspecies of megalotis and of the time of first appearance of body hair in the last two species. Svihla (1930) describes R. fulvescens as being naked at birth. R. humulis has also been considered to be hairless at birth, with the first body hair not appearing until the 5th day of age. Svihla (1931) states that the newly born young of JR. m. megalotis are without hair, which first becomes visible on the head at 5 days, while Smith (1936) claims that vibrissae are present at birth in the subspecies longicaudus and that the first body hair is visible at 3 days. As mentioned above, the present study found both vibrissae and scattered body hairs in humulis examined shortly after birth, and the lack of agreement with previous accounts is considered as possibly the result of differences in observational techniques. A similar explanation may also account, at least in part, for the alleged variations reported in the other species. Data given on further pelage development in megalotis by Smith can probably be compared more confidently with those obtained for humulis. In the former, the first hair on the tail and the first suggestion of coloration of the body hair was noted on the 4th day, while in humulis hairs were barely visible on the tail at 2 days of age, and coloration was evident by the 4th or 5th days. In Svihla's (1931) study the eyes of R. m. megalotis young opened at 12 days of age, whereas the progeny of R. m. megalotisR. m. nigrescens crosses opened their eyes a day earlier. Although the latter form has since been synonymized with megalotis, these data, if consistent, may be indicative of at least some degree of genetic divergence between the two populations. Smith noted eyes opening in one litter of R. m. longicaudus at 10 days. There appears to be an average difference of about 3 days between the opening of the eyes in megalotis and humulis, in which most of the young observed had their eyes open on the 7th day. Only Smith gives data on the development of the ears in megalotis. He notes that the pinnae became erect on the 2nd day and the auditory meatus opened on the 9th day in one litter, each event about a day later than the average for humulis. , Smith notes that the lower incisors were visible in megalotis at 4 days, whereas in humulis the eruption of the incisor teeth was not recorded in iriost individuals until the 6th or 7th days. The discrepancy here may be more apparent than real, since in the present study the incisors were not considered as erupted until they appeared above the gum line, although they may have been visible at the gum line a day or so earlier. The completion of weaning at about 3 weeks in megalotis falls well within the period of weaning in humulis. Thus, there appears to be no significant difference in this aspect of the development of these species. The two subspecies of megalotis that have been studied appear to differ in temperament. Svihla (1931) indicates that mice of the nominate subspecies had generally pugnacious dispositions, whereas Smith (1936) found longicaudus individuals highly tolerant of one another. In this respect, humulis seemingly agrees with the latter. Similar differences in temperament between various species and subspecies of deer mice, Peromyscus, have been noted by Svihla (1932), King (1958), McCabe and Blanchard (1950), and others. Comparison of behavioral development on the basis of general written descriptions is difficult. However, the chronology of behavioral development described by Smith for R. m. longicaudus appears to correspond rather well to that of humulis. In summary, to the extent that the data available permit comparison, development is closely similar in the species humulis and megalotis, although the latter may develop at a slightly slower rate, perhaps in keeping with its somewhat greater size. The apparently close similarities in developmental patterns and chronologies in the two species are in accordance with their morphological likenesses, on the basis of which the two forms are placed in the same species group under the subgenus Reithrodontomys. Literature Cited Audubon, John James, and John Bachman 1849. The quadrupeds of North America, vol. 2. New York: G. A. Lockwood, 334 pp. Blair, W. Frank 1941. Observations on the life history of Baiomys tayfori subater. Jour. Mammal., vol. 22, no. 2, pp. 378-383. Brimley, C. S. 1923. Breeding dates of small mammals at Raleigh, North Carolina. Jour. Mammal., vol. 4, no. 4, pp. 263-264. Holding, B. F., and O. L. Royal 1952. The development of a young harvest mouse, Reithrodontomys. Jour. Mammal., vol. 33, no. 3, p. 388. Hopper, Emmet T. 1943. Geographic variation in harvest mice of the species Reithrodontomys r! humulis. Occ. Pap. Mus. Zool. Univ. Mich., no. 477, 19 pp. 1952. A systematic review of the harvest mice (Genus Reithwdontomys) of Latin America. Misc. Publ. Mus. Zool. Univ. Mich., no. 77, 255 pp., 9 pis. Horner, Elizabeth 'B. 1947. Parental care of young mice of the genus Peromyscus. Jour. Mammal., vol. 28, no. 1, pp. 31-36. King, John A. 1958. Maternal behavior and behavioral development in two subspecies of Peromyscus maniculatus. Jour. Mammal., vol. 39, no. 2, pp. 177-190. McCabe, Thomas T., and Barbara D. Blanchard 1950. Three species of Peromyscus. Calif.: Rood Associates, v + 136 pp. Smith, Clarence F. 1936. Notes on the habits of the long-tailed harvest mouse. Jour. Mammal., vol. 17, no. 3, pp. 274-278. Svihla, Arthur 1932. A comparative life history study of the mice of the genus Peromyscus. Misc. Publ. Mus. Zool. Univ. Mich., no. 24, 39 pp. Svihla, Ruth Dowell 1930. Notes on the golden harvest mouse. Jour. Mammal., vol. 11, no. 1, pp. 53-54. 1931. Notes on desert and dusky harvest mice (Reithrodontomys megalotis megalotis and R. m. nigrescens). Jour. Mammal., vol. 12, no. 4, pp. 363-365. Contributions to the BULLETIN OF THE FLORIDA STATE MVJSE\3M ma? be in any field of biology. Manuscripts dealing with natural history or systematic problems involving the southeastern United States or the Caribbean area are solicited especially. Manuscripts should be of medium length12 to 200 printed pages. Examination for suitability is made by an Editorial Board. 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No. 86,821
In a criminal prosecution for criminal possession of a firearm (K.S.A. 2001 Supp. 21-4204[a][3]), wherein the defendant pled guilty to the predicate felony in Missouri and received a disposition of suspended imposition of sentence and 2 years' probation, which disposition, under Missouri law, does not constitute a conviction, the record is examined and it is held: (1) Kansas law should be applied; (2) the Missouri proceeding constituted the equivalent of a felony conviction for purposes of our criminal possession statute; and (3) the district court erred in holding otherwise and in dismissing the complaint, all as is more fully set forth in the opinion.
Appeal from Johnson district court, JOHN ANDERSON, III, judge. Opinion filed April 26, 2002. Reversed and remanded for further proceedings.
Steven J. Obermeier, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellant.
Peter T. Maharry, assistant appellate defender, argued the cause, and Steven R. Zinn, deputy appellate defender, was with him on the brief for appellee.
The opinion of the court was delivered by
McFARLAND, C.J.: This is an appeal by the State pursuant to K.S.A. 22- 3602(b)(1) from the district court's dismissal of a criminal complaint charging criminal possession of a firearm (K.S.A. 2001 Supp. 21-4204(a)(3). The district court ruled that, since a suspended imposition of sentence was not a conviction under Missouri law, such disposition could not be considered as the requisite prior conviction under the Kansas statute.
In July 1999, Pollard pled guilty in Missouri to the charge of first-degree attempted burglary, a felony. The Missouri court ordered suspended imposition of sentence and placed Pollard on 2 years' probation. This disposition is authorized by Mo. Rev. Stat. § 557.011 (2000). Under conditions of his probation, Pollard cannot "own, possess, purchase, receive, sell or transport any firearms . . . as defined by federal, state, or municipal laws or ordinances." Pollard signed a statement agreeing to comply with all the conditions of his probation.
On December 6, 2000, the State of Kansas charged Pollard with two offenses: criminal possession of a firearm and unlawfully altering the identification marks of a firearm. Only the first offense is at issue in this appeal. The State's complaint alleged that Pollard violated K.S.A. 21-4204(a)(3) by virtue of possessing a firearm after having been convicted of a felony within the preceding 5 years.
Pollard filed a motion to dismiss claiming that his 1999 Missouri attempted burglary offense could not serve as the predicate felony under K.S.A. 21-4204(a)(3) because under Missouri law a suspended imposition of sentence does not constitute a conviction. The district court granted Pollard's motion. The court ruled that for purposes of establishing the prior conviction element of K.S.A. 21-4204(a)(3), the law of the state where a defendant received the disposition for his or her crime controls whether or not a defendant has been convicted of a felony. As applied to Pollard, the court reasoned that if no conviction exists under Missouri law, then the State of Kansas cannot establish the requisite element of Pollard having been convicted of a felony within the previous 5 years.
When the district court dismissed the criminal possession of a firearm charge, the State moved to dismiss the charge of unlawfully altering the identification marks of a firearm. The State's motion was granted and the State filed the appeal herein.
The sole issue is as follows:
IF A SUSPENDED IMPOSITION OF SENTENCE IS NOT CONSIDERED A CONVICTION IN THE JURISDICTION WHERE SUCH DISPOSITION WAS RENDERED, CAN IT BE CONSIDERED A CONVICTION UNDER KANSAS LAW FOR PURPOSES OF ESTABLISHING THE PRIOR CONVICTION ELEMENT UNDER K.S.A. 2001 SUPP. 21-4204(a)(3)?
K.S.A. 2001 Supp. 21-4204(a)(3) criminalizes the possession of a firearm by a person who "has been convicted of a felony, other than those specified in subsection (a)(4)(A), under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for a felony, or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a felony."
The State contends the district court erred in ruling that under K.S.A. 2001 Supp. 21-4204(a)(3), Missouri law controls whether or not Pollard had been convicted of a felony at the time he possessed the firearm in Kansas. Pollard contends the district court ruled correctly since under Missouri law his suspended imposition of sentence was not a conviction. Additionally he focuses on the term "convicted" and claims the statute requires either a conviction of a felony under Kansas law or a conviction of a crime under a law of another jurisdiction.
Interpretation of a statute presents a question of law and the Supreme Court's scope of review is unlimited. State v. Lewis, 263 Kan. 843, 847, 953 P. 2d 1016 (1998).
The parties agree that under Missouri law, as set forth in Yale v. City of Independence, 846 S.W.2d 193, 196 (Mo. 1993), the disposition of "suspended imposition of sentence" does not constitute a conviction as it is not a final judgment. From the discussion in Yale, it appears this disposition is a lenient alternative whereby, upon successful completion of the probationary period, the official records of the offense are closed pursuant to Mo. Rev. Stat. § 610.105 (2000). Interestingly, Missouri has a criminal possession of a firearm statute similar to that of Kansas except that it applies to possession within 5 years of a plea of guilty or conviction of a felony. Mo. Rev. Stat. § 571.070 (2000). Had Pollard's possession occurred in Missouri rather than Kansas, he clearly would have been subject to Missouri's criminal possession statute.
The Kansas statute, K.S.A. 2001 Supp. 21-4204(a)(3), provides in pertinent part:
"(a) Criminal possession of a firearm is:
. . . .
(3) possession of any firearm by a person who, within the preceding five years has been convicted of a felony . . . under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for a felony . . . and was found not to have been in possession of a firearm at the time of the commission of the offense."
The issue turns on whether the term "conviction" is determined by Kansas or Missouri law.
Pollard cites United States v. Solomon, 826 F. Supp. 1221 (E. D. Mo. 1993), in support of his position. In Solomon, the defendant was charged under a federal criminal possession of a firearm statute wherein a prior conviction is an element of the offense. The government tried to rely on a Missouri offense as the predicate felony. Like Pollard, defendant Solomon had pled guilty to the predicate offense, and the Missouri court suspended imposition of sentence. 826 F. Supp. at 1222.
The Solomon court held that what constitutes a conviction of the underlying crime must be determined according to the law of the jurisdiction in which the proceedings were held. After examining the law in Missouri, including the Yale decision, the Solomon court concluded that under Missouri law, regardless of the determination of guilt, a suspended imposition of sentence does not result in a "conviction" for purposes of the equivalent federal criminal in possession statute. Since the government could not prove the first element of the offense, i.e., that the defendant had previously been convicted of a felony, the Solomon court dismissed the case. 826 F. Supp. at 1222-24. Under the rule in Solomon, Missouri law would apply and, thus, Pollard did not have a prior conviction at the time he possessed the weapon in Kansas.
However, there is a critical distinction between Solomon and the case before us. The statute at issue in the federal case contains a choice of law clause, whereas our statute does not. 826 F. Supp. at 1223-24 (quoting 18 U.S.C. § 921[a][20][2000]); and K.S.A. 2001 Supp. 21-4204(a)(3). The choice of law clause was added to the federal gun control statutes in 1986. United States v. Pennon, 816 F.2d 527, 528 (10th Cir. 1987). The relevant portion of the clause states: "What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held." 18 U.S.C. § 921(a)(20)(2000).
Before Congress amended the statute requiring federal courts to apply the law of the jurisdiction where the proceedings took place, "a 'conviction' is deemed to have occurred upon a guilty plea or finding of guilt by the court, regardless of whether the person is considered to have been convicted under State law." 816 F. 2d at 529 (citing 132 Cong. Rec. §5354 [daily ed. May 6, 1986]); accord United. States. v. Benson, 605 F. 2d 1093 (9th Cir. 1979). Prior to the choice of law amendment, allowing federal law to control the term conviction "[made] for desirable national uniformity unaffected by varying state laws, procedures, and definitions of 'conviction.'" Dickerson v. New Banner Institute, Inc., 460 U.S. 103, 112, 74 L.Ed. 2d 845, 103 S.Ct. 986(1983) (superceded by statute as stated in Pennon, 816 F.2d at 529). Federal courts assumed that when a federal statute did not specify whether state or federal law should be applied to define the term conviction, federal law controlled the definition absent clear language to the contrary since Congress did not intend to make the application of federal law dependant on state law. See United States. v. Ortega, 150 F.3d 937, 948 (8th Cir. 1998) cert. denied 525 U.S. 1087 (1999) (concluding that probation and a suspended imposition of sentence rendered under Missouri law is a conviction under federal law for purposes of a federal punishment enhancement statute since Congress did not clearly express a contrary intent within that statute that state law should control).
Pollard's reliance on Solomon is therefore misplaced. Solomon supports the proposition that, in the absence of a choice of law clause mandating application of the law of the state where the predicate offense occurred, then the law where the possession occurred is controlling.
Pollard further contends the language of K.S.A. 2001 Supp. 21-4204(a)(3) is clear and that it "requires either a conviction of a felony under Kansas law or conviction of a crime under the law of another jurisdiction." When construing criminal statutes, it is well settled that such statutes must be strictly construed in favor of the accused. Any reasonable doubt about meaning is decided in favor of anyone subjected to the criminal statute. The rule of strict construction, however, is subordinate to the rule that judicial interpretation must be reasonable and sensible to effect legislative design and intent. State v. Vega-Fuentes, 264 Kan. 10, 14, 955 P.2d 1235 (1998).
When interpreting a statute, if a literal reading would "'contravene the manifest purpose of the legislature, the entire act should be construed according to its spirit and reason, disregarding so far as may be necessary the strict letter of the law.' [Citation omitted.]" State v. Hankins, 19 Kan. App. 2d 1036, 1045, 880 P.2d 271 (1994).
If the statute were interpreted to require a foreign jurisdiction's definition of conviction, the interest in protecting the public would be undermined. Essentially, if such a construction controlled the outcome of a particular case, it would, as here, create an unintended gap in our the statutory scheme designed to protect the public safety. Under such interpretation, as demonstrated by the facts herein, a person who pleads guilty, admits to committing a crime, and receives a suspended imposition of sentence in Missouri, can come to Kansas and possess a weapon without violating our criminal in possession of a weapon statute, notwithstanding that he or she would be prohibited from doing so under his or her probation terms and Missouri law, which as previously discussed, includes persons who have entered a plea of guilty.
Furthermore, a person who commits the predicate offense in Kansas, pleads guilty, receives probation, and possesses a weapon, suffers more severe consequences than their counterpart who commits the predicate offense in Missouri. This is not a logical result. It is more logical to conclude the legislature intended to treat all persons coming before Kansas courts the same in order to address the problem of keeping weapons from certain felons and to advance the policy interest of protecting the public. Compare State v. Allen, 28 Kan. App. 2d 784, 793, 20 P.3d 747 (2001) (rejecting the notion that geography alone should confer sentencing benefits upon a defendant); State v. Chronister, 21 Kan. App. 2d 589, 593, 903 P.2d 1345 (1995) (illogical to provide sentencing benefit merely because crime occurred in one Kansas county rather than in another county or in another state or federal jurisdiction); and State v. Aleman, 16 Kan. App. 2d 784, 790, 830 P.2d 64, rev. denied 251 Kan. 940 (1992) (rejecting an argument where construing a statute would result in more severe consequences for persons who commit additional crimes in Kansas while on probation or parole from a Kansas conviction than counterparts who have been released on probation or parole in other states).
Under the district court's decision, Pollard evades prosecution under the criminal possession of a firearm statute merely because of where he committed the qualifying predicate offense.
We conclude Kansas law should apply. The question then becomes whether or not Pollard had the equivalent of a conviction at the time he is alleged to have possessed the firearm in Kansas. Three lines of reasoning lead to the conclusion this question should be answered in the affirmative: (1) the legal definition of conviction under statute and case law; (2) the procedural posture of Pollard's predicate felony, and; (3) the construction of the term "conviction" for criminal history scoring purposes. Each will be discussed in turn.
First, in Kansas, by statute, the term "'[c]onviction' includes a judgment of guilt entered upon a plea of guilty." K.S.A. 21-3110(4). Also, this court previously construed the term "conviction" in the context of K.S.A. 21-4204. See State v. Holmes, 222 Kan. 212, 563 P. 2d 480 (1977). In Holmes, the defendant pled no contest to a felony enumerated in the criminal possession of a firearm statute. After his plea was entered of record and accepted by the court, but before he was scheduled to be sentenced a month later, the defendant was caught possessing a firearm and charged with violating a similar version of the criminal possession of a firearm statute. In deciding the defendant had the status of a convicted felon at the time he possessed the firearm, the Holmes court stated: "It is the adjudication of guilt not the imposition of sentence which constitutes a 'conviction' within the meaning of [K.S.A. 21-4204]." 222 Kan. at 213.
Holmes differs from Pollard's case because the defendant in Holmes committed the offense alleged as the prior conviction for the criminal possession statute in Kansas, not in Missouri. In Pollard's case, the journal entry clearly indicates that the Missouri court found him guilty and entered a judgment of guilt against him. The document is entitled "Judgment" and parenthetically notes it is for a guilty plea involving probation and a suspended imposition of sentence. The document states the court "adjudged that [Pollard] having been found guilty upon a plea of guilty entered on 7/14/99, of the offense(s) of Attempted Burglary - First Degree . . . is guilty of said offense(s)." Therefore, under K.S.A. 21-3110(4) and Holmes, Pollard, at least constructively, held a prior conviction under Kansas law at the time he possessed the firearm in Kansas.
Second, in Kansas, there are separate procedural definitions for "suspension of sentence" and "probation." See K.S.A. 21- 4602(b) and (c). Probation is a procedure whereby a defendant, after being found guilty of a crime, is released by the court after imposition of sentence, without imprisonment. The definition of probation and K.S.A. 21-4603 make it clear that probation in no way actually affects the sentence. The final judgment in a criminal case is the sentence and, by placing the defendant on probation, the trial court does not affect the finality of the judgment. See State v. Dubish, 236 Kan. 848, 851, 696 P.2d 969 (1985). Since probation follows a valid conviction, Kansas procedures establish that Pollard would have had a prior conviction.
Third, if Pollard's offense in Missouri was being scored for criminal history purposes in Kansas, under the reasoning in three recent decisions by our Court of Appeals, it would be counted as a conviction. These cases applied Kansas law and scored various types of deferred adjudications rendered by foreign jurisdictions as convictions. See State v. Presha, 27 Kan. App. 2d 645, 649, 8 P.3d 14, rev. denied 269 Kan. 939 (2000) (decision to include in criminal history a Florida juvenile offense turns on whether under Kansas law the defendant would have been deemed to have been adjudicated; "[Florida] statutes do not prevent Kansas from including the out-of-state juvenile adjudications in a defendant's criminal history score"); see also State v. Hodgden, 29 Kan. App. 2d 36, Syl. ¶ 6, 25 P. 3d 138 (2001), rev. denied 271 Kan. ___ (2001) (decision to include in criminal history a judgment of conviction later set aside under Alaska law must be resolved under Kansas law and is therefore included); State v. Macias, 30 Kan. App. 2d ___, 39 P.3d 85 (2002), (decision to include in criminal history adjudications deferred under Texas procedure turns on whether appellate court is satisfied that a defendant's factual guilt was established in the foreign state).
In the last of these cases, the Court of Appeals expressed that our sentencing guidelines seek to inhibit a defendant's refusal to renounce criminal behavior. Therefore, what matters is "whether the foreign state concluded the defendant did the crime[], not whether he or she ultimately had to do the time." 30 Kan. App. 2d at ___. The Macias court further stated: "No matter what lenience another state may wish to show, once we are satisfied that a defendant's factual guilt was established in a foreign state, that prior crime will count in Kansas." 30 Kan. App. 2d at ___. If the reasoning expressed by our Court of Appeals in criminal history cases is extended to cases where a conviction is an element of the crime, Pollard's Missouri offense would count as a conviction since the Missouri court established his factual guilt.
The journal entry of the Missouri judgment states Pollard was found guilty of the felony upon his plea of guilty. A person who pleads guilty to one of the enumerated predicate felonies admits to actions the Kansas Legislature has deemed to render that person unfit to possess a firearm. We conclude that, applying Kansas law, the Missouri proceeding is the equivalent of a conviction of the predicate felony under K.S.A. 2001 Supp. 21-4204(a)(3), and the district court erred in dismissing the complaint herein.
It should be noted that the alleged firearm possession in Kansas occurred within Pollard's 2-year probationary period for the Missouri felony. Our decision is limited to those facts and does not decide if the result would be the same if the Kansas offense had occurred after the expiration of the 2-year period.
The judgment is reversed and the case is remanded for further proceedings.


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