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STATE v. SMITH

No. 61,815

244 Kan. 283 (1989)

767 P.2d 1302

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

Supreme Court of Kansas.

Opinion filed January 20, 1989.

Attorney(s) appearing for the Case

John H. Taylor, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Steven R. Zinn, supervising attorney, Kansas Appellate Practice Clinic, of Lawrence, argued the cause, and Joan Gummels, legal intern, and Benjamin C. Wood, chief appellant defender, of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, C.J.:

The defendant, Richard A. Smith, was charged in the district court of Geary County with delivery of cocaine, a felony, in violation of K.S.A. 65-4127a. The trial court dismissed the case, holding that this prosecution was barred by the terms of a plea agreement which the State and Smith had entered into in an earlier and unrelated case. The State appeals.

The State has briefed two issues. It contends...

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