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STATE v. HUSER

No. 80,128.

265 Kan. 228 (1998)

959 P.2d 908

STATE OF KANSAS, Appellant, v. DALENE GAIL HUSER, Appellee.

Supreme Court of Kansas.

Opinion filed May 29, 1998.

Attorney(s) appearing for the Case

Stephen D. Maxwell, assistant attorney general, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

Ted E. Smith, of Myers, Pottroff & Ball, of Manhattan, argued the cause, and Robert L. Pottroff, of the same firm, was on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the State from the trial court's dismissal of two counts of reckless aggravated battery at the conclusion of the preliminary hearing. The defendant, Dalene Gail Huser, was bound over for trial on one count of driving under the influence (DUI) and one count of refusal to submit to a preliminary screening alcohol test. The State dismissed the two remaining counts of DUI and refusal to...

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