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STATE v. FUNK

No. 83,810.

27 Kan. App.2d 712 (2000)

8 P.3d 32

STATE OF KANSAS, Appellant, v. DALE L. FUNK, Appellee.

Court of Appeals of Kansas.

Opinion filed July 7, 2000.

Attorney(s) appearing for the Case

Keith E. Schroeder and JoAnna L. Derfelt, assistant district attorneys, Timothy J. Chambers, district attorney, and Carla J. Stovall, attorney general, for appellant.

Philip R. White and Leslie F. Hulnick, of Hulnick Law Offices, P.A., of Wichita, for appellee.

Before MARQUARDT, P.J., WAHL, S.J., and ERNEST L. JOHNSON, District Judge, assigned.

MARQUARDT, J.:

The State of Kansas appeals the trial court's dismissal of a criminal complaint with prejudice against Dale L. Funk. We affirm.

Funk was arrested on July 19, 1998, and was released on bond the next day. The trial court set a preliminary hearing for August 27, 1998, but the hearing was continued at the request of the State. The complaint filed on March 22, 1999, charged Funk with driving while under the influence of alcohol.

The preliminary...

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