STATE v. RIVERA

No. 86,420

277 Kan. 109 (2004)

83 P.3d 169

STATE OF KANSAS, Appellee, v. JOSEPH RICHARD RIVERA, Appellant.

Supreme Court of Kansas

January 30, 2004.


Attorney(s) appearing for the Case

Sarah Ellen Johnson, assistant appellate defender, argued the cause, and Paige A. Nichols, assistant appellate defender, and Randall Hodgkinson, deputy appellate defender, were on the briefs for appellant.

Edmond D. Brancart, county attorney, argued the cause, and Julie A. Funk, assistant county attorney, Carla J. Stovall, former attorney general, and Phill Kline, attorney general, were with him on the briefs for appellee.


The opinion of the court was delivered by

GERNON, J.:

The State of Kansas appeals the Court of Appeals' decision dismissing Joseph Richard Rivera's charges for aggravated robbery, conspiracy to commit aggravated robbery, and aggravated assault.

FACTS

Rivera was arrested on May 14, 1997, after fleeing from an officer who was executing a search warrant. On May 16, 1997, the sheriff served Rivera with a warrant charging...

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