STATE v. DALTON

No. 71,951

21 Kan. App. 2d 50 (1995)

STATE OF KANSAS, Appellee, v. BARRY DALTON, Appellant.

Court of Appeals of Kansas.

Opinion filed May 19, 1995.


Attorney(s) appearing for the Case

J. Patrick Lawless, Jr., assistant appellate defender, and Steven R. Zinn, deputy appellate defender, for appellant.

Brenda M. Bachofer, assistant district attorney, Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before PIERRON, P.J., RULON, J., and STEVEN R. BECKER, District Judge, assigned.


RULON, J.:

Barry Dalton, defendant, appeals from his jury conviction of obstructing official duty, a class E felony. Defendant contends the district court erred in denying his motion to dismiss because under the circumstances surrounding his conviction he could only be convicted of a misdemeanor. We affirm.

The essential facts are undisputed and are as follows:

On April 20, 1993. Olathe police officers...

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