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CITY OF WICHITA v. MARLETT

No. 88,353

31 Kan.App. 2d 360 (2003)

65 P.3d 547

CITY OF WICHITA, KANSAS, A MUNICIPAL CORPORATION, Appellant, v. CHRISTOPHER J. MARLETT, Appellee.

Court of Appeals of Kansas

Opinion filed March 28, 2003.

Attorney(s) appearing for the Case

Sharon L. Dickgrafe, assistant city attorney, and Gary E. Rebenstorf, city attorney, for appellant.

No appearance by appellee.

Before BEIER, P.J., WAHL, S.J., and PADDOCK, S.J.

BEIER, J.:

The City of Wichita seeks reversal of the district court's decision disallowing amendment of its complaint against defendant Christopher J. Marlett after he appealed his municipal conviction to the district court.

We must decide whether the City's failure to include the severity level for its original charge of driving under the influence (DUI) dooms its later attempt to include the appropriate severity...

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