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STATE v. FOX

Nos. 60,212, 60,213

242 Kan. 457 (1988)

749 P.2d 16

STATE OF KANSAS, Appellant, v. STEPHEN M. FOX, Appellee, and STATE OF KANSAS, Appellant, v. MARK D. LOWE, Appellee.

Supreme Court of Kansas.

Opinion filed January 15, 1988.

Attorney(s) appearing for the Case

Henry Otto III, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Lucille Marino, assistant appellate defender, argued the cause, and Benjamin C. Wood, chief appellate defender, was with her on the brief for appellees.

The opinion of the court was delivered by

PRAGER, C.J.:

This is an appeal by the State in two consolidated criminal cases where the defendants, Stephen M. Fox and Mark D. Lowe, were charged with felony unemployment fraud (K.S.A. 44-719[a]). The district court dismissed each case on the basis that each defendant should have been charged with multiple misdemeanor counts rather than a single felony count.

The facts in the case are undisputed and essentially...

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