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STATE v. SCHUSTER

No. 87,844.

273 Kan. 989 (2002)

46 P.3d 1140

STATE OF KANSAS, Appellant, v. BRADLEY F. SCHUSTER, Appellee.

Supreme Court of Kansas.

Opinion filed May 31, 2002.

Attorney(s) appearing for the Case

Thomas J. Drees, county attorney, argued the cause, and Carla J. Stovall, attorney general was with him on the brief for appellant.

Kenneth L. Cole, of Woelk & Cole, of Russell, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

The State appeals, pursuant to K.S.A. 2001 Supp. 22-3602, from the district court's order granting Bradley Schuster's motion to dismiss the underage driving under influence (DUI) charge against him. The district court concluded that K.S.A. 8-1567a does not establish a criminal offense. The court transferred the case from the Court of Appeals. K.S.A. 20-3018(c).

On March 24, 2001, Bradley Schuster...

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