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STATE v. SMITH

No. 64,514

247 Kan. 455 (1990)

799 P.2d 497

STATE OF KANSAS, Appellant, v. BRADFORD J. SMITH, Appellee.

Supreme Court of Kansas.

Opinion filed October 26, 1990.

Attorney(s) appearing for the Case

Stephen M. Howe, assistant district attorney, argued the cause, and Gene M. Olander, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellant.

William R. Vincent, of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This is a "speedy trial" case arising from a multi-count, misdemeanor/felony complaint. The issue is presented to us by the State's appeal pursuant to K.S.A. 22-3602(b)(1). The trial court dismissed the misdemeanor driving while under the influence (DUI) count against defendant Bradford J. Smith. The dismissal was grounded upon the trial court's determination that...

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