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STATE v. McCLANAHAN

No. 67,091

251 Kan. 533 (1992)

836 P.2d 1164

STATE OF KANSAS, Appellant, v. ROBERT D. McCLANAHAN, Appellee.

Supreme Court of Kansas.

Opinion filed July 10, 1992.

Attorney(s) appearing for the Case

Debra A. Vermillion, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Paul J. Morrison, district attorney, were with her on the brief for appellant.

Andrew L. Warren, deputy district defender, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

Robert D. McClanahan, Jr., was charged with three counts of burglary of a motor vehicle, K.S.A. 1991 Supp. 21-3715, and one count of felony theft, K.S.A. 21-3701. Following the preliminary hearing, the district court dismissed two of the three counts of burglary of a motor vehicle. The State appeals.

During the night of July 23, 1991, McClanahan crawled under a fence at the rear of the United Telephone...

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