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STATE v. LARSON

No. 79,088.

265 Kan. 160 (1998)

958 P.2d 1154

STATE OF KANSAS, Appellant, v. JOHN M. LARSON, Appellee.

Supreme Court of Kansas.

Opinion filed May 29, 1998.

Attorney(s) appearing for the Case

Steven J. Obermeier, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellant.

No appearance by appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

The Johnson County District Court convicted John M. Larson of driving under the influence, in violation of K.S.A. 1997 Supp. 8-1567(a). The district court subsequently granted defendant's motion for arrest of judgment, finding that the State's failure to plead the crime severity level in the amended complaint was fatal to the conviction.

The underlying facts show that on June 15, 1996, a Johnson...

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