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STATE v. JOHNSON

No. 75,611.

261 Kan. 496 (1997)

932 P.2d 380

STATE OF KANSAS, Appellant, v. DANIEL P. JOHNSON, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1997.

Attorney(s) appearing for the Case

Alan D. Hughes, assistant county attorney, argued the cause and was on the brief for appellant.

Robb W. Rumsey, of Rumsey Law Offices, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

The trial court dismissed driving while under the influence of alcohol or drugs and reckless driving charges against defendant, Daniel P. Johnson, on the basis of double jeopardy. The State appeals the dismissal of the complaint.

An assigned magistrate judge originally heard the case against the defendant at a bench trial. During the trial, it became obvious the trial could not be completed that...

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