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STATE v. HURLA

No. 87,852.

274 Kan. 725 (2002)

56 P.3d 252

STATE OF KANSAS, Appellant, v. JOHN M. HURLA, Appellee.

Supreme Court of Kansas.

Opinion filed October 25, 2002.

Attorney(s) appearing for the Case

Robert D. Hecht, district attorney, argued the cause, and Deborah L. Hughes, assistant district attorney, and Carla J. Stovall, attorney general, were with him on the briefs for appellant.

Kathryn B. Wall, assistant appellate defender, argued the cause, and Randall Hodgkinson, deputy appellate defender, was with her on the brief for appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

The State appeals from the dismissal of a criminal complaint.

The facts may be summarized as follows. On May 19, 1999, two motorcycles were stolen from a Topeka cycle shop. On September 17, 1999, the State filed a complaint against John M. Hurla charging burglary of a nondwelling (K.S.A. 21-3715[b]), felony theft (K.S.A. 21-3701[a]), and criminal damage to property (K.S.A. 21-3720[a][1]). On...

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