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STATE v. MERTZ

No. 74,027

258 Kan. 745 (1995)

STATE OF KANSAS, Appellant, v. JOHN D. MERTZ, Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1995.

Attorney(s) appearing for the Case

Glenn R. Braun, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

Michael S. Holland, of Russell, argued the cause and was on the brief for appellee.

James G. Keller, of Kansas Department of Revenue, was on the brief for amicus curiae Kansas Department of Revenue.

The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the State from the trial court's dismissal of criminal charges (driving while under the influence of alcohol in violation of K.S.A. 1994 Supp. 8-1567[a][2]) on the ground of double jeopardy because the defendant, John D. Mertz, had already had his driver's license suspended and restricted for failing a breath test.

Mertz was arrested...

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