STATE v. McDOWELL

No. 91,974.

33 Kan.App. 2d 889 (2005)

111 P.3d 193

STATE OF KANSAS, Appellant, v. WILLIAM J. McDOWELL, Appellee.

Court of Appeals of Kansas.

Opinion filed May 13, 2005.


Attorney(s) appearing for the Case

Steven J. Obermeier, assistant district attorney, Paul J. Morrison, district attorney, and Phill Kline, attorney general, for appellant.

Sean Santoro, of Bonner Springs, for appellee.

Before McANANY, P.J., MALONE, J., and KNUDSON, S.J.


MALONE, J.:

The State appeals the dismissal of drug charges against William J. McDowell based on the statute of limitations. In district court, McDowell had argued that the delay in executing the arrest warrant was unreasonable and, as a result, the prosecution of the charges was not timely commenced. We reverse.

The facts are simple and undisputed. On December 8, 2001, McDowell was detained and released by the Johnson County Sheriff's office for suspicion...

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