STATE v. TODD

No. 78,083.

262 Kan. 916 (1997)

941 P.2d 1374

STATE OF KANSAS, Appellant, v. TRACEY TODD, Appellee.

Supreme Court of Kansas.

Opinion filed July 11, 1997.


Attorney(s) appearing for the Case

Micheal A. Ireland, county attorney, argued the cause, and Lee K. Durham, legal intern, and Carla J. Stovall, attorney general, were with him on the brief for appellant.

Margie J. Phelps, of Topeka, argued the cause, and Jonathan B. Phelps and Chris R. Davis, of Phelps—Chartered, of Topeka, were on the brief for appellee.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an appeal by the State from the district court's order dismissing a complaint against Tracey Todd for driving under the influence of alcohol (second offense), in violation of K.S.A. 1996 Supp. 8-1567. This court has jurisdiction pursuant to K.S.A. 22-3602(b)(1), which authorizes an appeal to the Supreme Court by the prosecution from an order of the district court dismissing a complaint.

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