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STATE v. WELLER

No. 87,611.

30 Kan. App.2d 957 (2002)

52 P.3d 368

STATE OF KANSAS, Appellant, v. ROBERT J. WELLER, Appellee.

Court of Appeals of Kansas.

Opinion filed August 23, 2002.

Attorney(s) appearing for the Case

Stacy Lynn Cunning, assistant county attorney, Ellen H. Mitchell, county attorney, and Carla J. Stovall, attorney general, for appellant.

James L. Sweet, of Sweet & Sheahon, of Salina, for appellee.

Before ELLIOTT, P.J., ROGG, S.J., and WAHL, S.J.

ELLIOTT, J.:

The State appeals the trial court's order dismissing, on statutory double jeopardy grounds, a single complaint charging Robert J. Weller of felony fleeing and eluding an officer.

We agree the prosecution is not barred by K.S.A. 21-3108 and, therefore, we reverse and remand.

Procedurally, the case is straightforward. Weller was charged with nine counts: felony fleeing and eluding and various traffic offenses. After a bench trial, Weller...

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