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STATE v. STEPHENS

No. 77,575.

263 Kan. 658 (1998)

953 P.2d 1373

STATE OF KANSAS, Appellant, v. CAROLYN A. STEPHENS, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1998.

Attorney(s) appearing for the Case

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

Lewanna Bell-Lloyd, of Olathe, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

The State appeals the trial court's dismissal at the conclusion of the preliminary examination of the complaint that charged Carolyn A. Stephens with one count of theft by deception of over $25,000. The State appeals pursuant to K.S.A. 22-3602(b)(1).

After considering the evidence presented at the preliminary examination in July 1996, the trial court determined that there was not probable cause...

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