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STATE v. CHAPMAN

No. 62,075

244 Kan. 471 (1989)

769 P.2d 660

STATE OF KANSAS, Appellant, v. JAMES J. CHAPMAN and ROBERT L. WESTHOFF, JR., Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1989.

Attorney(s) appearing for the Case

Mona Furst, assistant district attorney, argued the cause, and Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellant.

Kiehl Rathbun, of Wichita, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

McFARLAND, J.:

James J. Chapman and Robert L. Westhoff, Jr., were, at all times pertinent, codefendants in certain criminal proceedings. The district court held that their statutory speedy trial rights (K.S.A. 22-3402[2]) had been violated and dismissed the charges. The State appeals from this determination pursuant to K.S.A. 22-3602(b)(1).

The applicable statute is K.S.A. 22-3402(2), which provides:

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