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STATE v. HEIRONIMUS

No. 77,733.

262 Kan. 796 (1997)

941 P.2d 1356

STATE OF KANSAS, Appellant, v. BOBBIE L. HEIRONIMUS, Appellee.

Supreme Court of Kansas.

Opinion filed July 11, 1997.

Attorney(s) appearing for the Case

Alan D. Hughes, assistant county attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

Michael J. Helvey, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him 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

SIX, J.:

Defendant Bobbie L. Heironimus, declared a habitual violator (K.S.A. 1996 Supp. 8-286), was charged with operating a motor vehicle while his driving privileges were revoked (K.S.A. 1996 Supp. 8-287, a severity level 9, nonperson felony).

Our jurisdiction is under K.S.A. 22-3602(b)(1) (State's appeal from a dismissal of the complaint). The issue is whether the habitual

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