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STATE v. LONG

No. 88,442.

274 Kan. 1095 (2002)

58 P.3d 706

STATE OF KANSAS, Appellant, v. MARK WILLIAM LONG, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 2002.

Attorney(s) appearing for the Case

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

Lisa A. Beran, of Great Bend, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

This case comes before us on questions reserved by the State. One of the questions reserved also involves an alternative ruling of the trial court that a criminal statute, K.S.A. 40-3104(d), was unconstitutional, thus invoking the jurisdiction of this court under K.S.A. 22-3601(b)(2) (appeal as a matter of right in "[a]ny case in which a statute of this state ...

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