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STATE v. GRAHAM

No. 61,276

12 Kan. App. 2d 803 (1988)

758 P.2d 247

STATE OF KANSAS, Appellant, v. DENNIS E. GRAHAM, Appellee.

Court of Appeals of Kansas.

Opinion filed July 22, 1988.

Attorney(s) appearing for the Case

Debra Barnett and Julie Wright Connolly, assistant district attorneys, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, for appellant.

No appearance by appellee.

Before BRAZIL, P.J., J. STEPHEN NYSWONGER, District Judge, assigned, and PAGE W. BENSON, District Judge Retired, assigned.

BRAZIL, J.:

The State appeals the trial court's ruling dismissing a habitual violator petition due to the failure of the Kansas Department of Revenue, Division of Vehicles, to certify the defendant's record forthwith under K.S.A. 8-286 and the failure of the Sedgwick County District Attorney to file the petition within the one-year statute of limitation. K.S.A. 60-514. We reverse.

On June 5, 1987, the Sedgwick...

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