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STATE v. ZITO

No. 58,881

11 Kan. App. 2d 432 (1986)

724 P.2d 149

STATE OF KANSAS, Appellee, v. CHESTER P. ZITO, Appellant.

Court of Appeals of Kansas.

Petition for review denied November 13, 1986.

Attorney(s) appearing for the Case

Forrest A. Buhler, of Manhattan, for appellant.

Greg Kieffer, assistant county attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRAZIL, P.J., TERRY L. BULLOCK, District Judge, assigned, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

BRAZIL, J.:

Defendant appeals his conviction, after trial to the court, of driving under the influence contrary to K.S.A. 1985 Supp. 8-1567. He raises three issues on appeal.

First, he contends the officer did not have sufficient probable cause to arrest him. Actually, he is complaining that the officer did not have sufficient cause to stop his car. K.S.A. 22-2402(1) provides: "Without making an arrest, a law enforcement officer may stop any person in a public...

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