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STATE v. MARTIN

No. 84,621.

270 Kan. 603 (2001)

17 P.3d 344

STATE OF KANSAS, Appellee, v. JAMES A. MARTIN, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 2001.

Attorney(s) appearing for the Case

Michael P. Whalen, of Law Office of Michael P. Whalen, of Wichita, argued the cause and was on the briefs for appellant.

Debra S. Peterson, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

Timothy G. Madden, special assistant attorney general, argued the cause and was on the briefs for intervenor Kansas Department of Corrections.

The opinion of the court was delivered by

LOCKETT, J.:

This is a direct appeal of the district court's finding that K.S.A. 1998 Supp. 21-4603d(e) is unconstitutional and its order returning the defendant to the custody of the Department of Corrections (DOC). Three issues are raised: (1) Does K.S.A. 1998 Supp. 21-4603d(e) violate the separation of powers doctrine; (2) did the district court have jurisdiction to determine the constitutionality of K.S.A. 1998...

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