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STATE v. POLLARD

No. 86,821.

273 Kan. 706 (2002)

44 P.3d 1261

STATE OF KANSAS, Appellant, v. DAVID ANTHONY POLLARD, Appellee.

Supreme Court of Kansas.

Opinion filed April 26, 2002.

Attorney(s) appearing for the Case

Steven J. Obermeier, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellant.

Peter T. Maharry, assistant appellate defender, argued the cause, and Steven R. Zinn, deputy appellate defender, was with him on the brief for appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

This is an appeal by the State pursuant to K.S.A. 22-3602(b)(1) from the district court's dismissal of a criminal complaint charging criminal possession of a firearm (K.S.A. 2001 Supp. 21-4204(a)(3). The district court ruled that, since a suspended imposition of sentence was not a conviction under Missouri law, such disposition could not be considered as the requisite prior conviction under the Kansas...

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