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STATE v. PROFFITT

No. 75,791.

261 Kan. 526 (1997)

930 P.2d 1059

STATE OF KANSAS, Appellant, v. GREG A. PROFFITT, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1997.

Attorney(s) appearing for the Case

Doyle Baker, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellant.

Steven D. Mank, of The Law Offices of Leslie F. Hulnick, P.A., of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

Greg A. Proffitt was charged with operating a motor vehicle while his driving privileges had been revoked as a habitual violator pursuant to K.S.A. 1995 Supp. 8-287. The district court dismissed the complaint based upon what it termed "vagueness" in K.S.A. 1995 Supp. 8-288 as to how a habitual violator's driving privileges could be restored. The State appeals pursuant to K.S.A. 22-3602(b)(1).

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