No. 77,024.

23 Kan. App.2d 456 (1997)

933 P.2d 155

STATE OF KANSAS, Appellant, v. JEFFREY A. NUESSEN, Appellee.

Court of Appeals of Kansas.

Opinion filed February 7, 1997.

Attorney(s) appearing for the Case

Joe E. Lee, assistant county attorney, Rodney H. Symmonds, county attorney, and Carla J. Stovall, attorney general, for the appellant.

Steven L. Davis and Michael P. Whalen, of Patton, Davis & Putnam, of Emporia, for the appellee.

Before LEWIS, P.J., KNUDSON, J. and JOHN J. BUKATY, JR., District Judge, assigned.


Defendant is charged with driving under the influence of alcohol (DUI), possession of marijuana, and possession of drug paraphernalia. On the date defendant's trial was scheduled to begin, the trial court suppressed the testimony of one of the witnesses for the State because his police report had only been provided to defendant a day prior to trial. The State appeals from the order of suppression.

The record shows that Officer John Koelsch of the...

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