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STATE v. BOLEN

No. 83,679.

270 Kan. 337 (2000)

13 P.3d 1270

STATE OF KANSAS, Appellee, v. DAVID E. BOLEN, Jr., Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 2000.

Attorney(s) appearing for the Case

Julie A. McKenna, county attorney, argued the cause, and Thomas R. Stanton, assistant county attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellant.

Patrick H. Dunn, assistant appellate defender, argued the cause, and Wm. Rex Larson, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

The State of Kansas appeals the trial court's order dismissing all criminal charges against the defendant, David Bolen, with prejudice. The State contends that dismissal with prejudice is an extreme sanction which should only be employed in an extraordinary case against a prosecutor, and that the facts of this case did not require such a sanction. For reasons set forth in this opinion, we agree and reverse...

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