FURTHMYER v. KANSAS DEPT. OF REVENUE

No. 70,093

19 Kan. App. 2d 591 (1994)

873 P.2d 1365

LARRY L. FURTHMYER, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

Opinion filed May 13, 1994.


Attorney(s) appearing for the Case

Michael S. Holland, of Russell, for the appellant.

Brian Cox, of the Kansas Department of Revenue, for the appellee.

Before PIERRON, P.J., BRAZIL, J., and JOHN E. SANDERS, District Judge, assigned.


PIERRON, J.:

Larry Furthmyer appeals the trial court's decision affirming the suspension of his driver's license for one year. Although several issues were raised below, on appeal he raises only one issue. He argues there must be a finding the suspendee was operating the vehicle at the time of the offense which forms the basis of the suspension. We agree and reverse and remand.

Rick Harter, a Russell police officer, observed appellant's car stopped very close...

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