STATE v. BURKS

No. 64,585

15 Kan. App. 2d 87 (1990)

803 P.2d 587

STATE OF KANSAS, Appellee, v. GARY DON BURKS, Appellant.

Court of Appeals of Kansas.

Opinion filed December 28, 1990.


Attorney(s) appearing for the Case

Reid T. Nelson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

Brad L. Jones, county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before BRISCOE, C.J., RULON, J., and PAUL E. MILLER, District Judge, assigned.


Petition for review denied 248 Kan. 997 (1991).

MILLER, J.:

This is an appeal from the trial court's denial of defendant's motion to suppress. The only issue is whether the trial court erred in doing so. As is often true in search and seizure cases, the facts of this case are crucial to the resolution of the issue and will be stated in some detail.

On the morning of April 21, 1989, Troopers Michael Nicholson and W.D. Mayfield of the Kansas Highway...

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