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STATE v. PARKER

No. 92,169

34 Kan.App. 2d 224 (2005)

STATE OF KANSAS, Appellant, v. DONELLA J. PARKER, Appellee.

Court of Appeals of Kansas.

Opinion filed: August 5, 2005.

Attorney(s) appearing for the Case

Karen S. Smart, assistant district attorney, Keith E. Schroeder, district attorney, and Phill Kline, attorney general, for appellant.

Virgina A. Girard-Brady, assistant appellate defender, for appellee.

Before GREENE, P.J., CAPLINGER and BUSER, JJ.

BUSER, J.

On April 15, 2004, the Reno County District Court dismissed without prejudice a complaint/information charging Donella J. Parker with aggravated battery, upon receipt of a forensic evaluation report prepared by the Larned State Hospital that concluded that Parker was "not competent to stand trial and will not become competent in the foreseeable future." No competency hearing was ever held. The State appeals the district court's failure

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