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STATE v. GARTON

No. 49,905

2 Kan. App. 2d 709 (1978)

586 P.2d 1386

STATE OF KANSAS, Appellee, v. RICHARD A. GARTON, Appellant.

Court of Appeals of Kansas.

Opinion filed December 1, 1978.

Attorney(s) appearing for the Case

Lelyn J. Braun, of Braun & Nyswonger, Chartered, of Garden City, for appellant.

Craig D. Kershner, county attorney, and Curt T. Schneider, attorney general, for appellee.

Before SPENCER, P.J., ABBOTT and MEYER, JJ.

ABBOTT, J.:

This is an appeal by the defendant, Richard A. Garton, from having been declared a habitual violator as prescribed by K.S.A. 8-286. Defendant appeals on the premise that the county attorney did not forthwith commence prosecution following the receipt of defendant's abstract of convictions from the Motor Vehicle Department as required by K.S.A. 8-286.

Defendant was convicted in Lane County, Kansas, on September 22, 1976, on three counts of...

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