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CITY OF DODGE CITY v. DOWNING

No. 72,193

257 Kan. 561 (1995)

CITY OF DODGE CITY, KANSAS, Appellant, v. GREGORY A. DOWNING, Appellee.

Supreme Court of Kansas.

Opinion filed April 21, 1995.

Attorney(s) appearing for the Case

Terry J. Malone, city attorney, argued the cause and was on the brief for appellant.

Leslie Phelps Hess, of Patton, Kerbs & Hess, of Dodge City, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

The City of Dodge City (City) appeals from an order of the district court dismissing a criminal case against Gregory A. Downing on the grounds that the case was not brought to trial within the 180 days required by K.S.A. 22-3402(2). The City contends that the court erred by failing to deduct 30 days occasioned by the defendant's motion for suppression of evidence. We agree, and reverse and remand for further...

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