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STATE v. LAWRENCE

No. 96,104.

167 P.3d 794 (2007)

STATE of Kansas, Appellant, v. Kayle LAWRENCE, Appellee.

Court of Appeals of Kansas.

September 21, 2007.

Attorney(s) appearing for the Case

Robert D. Hecht, district attorney, Amy M. Memmer, assistant district attorney, and Phill Kline, for appellant.

Malcolm L. Copeland, of Topeka, for appellee.

Before MALONE, P.J., BUSER and LEBEN, JJ.

LEBEN, J.

The district court dismissed criminal charges against Kayle Lawrence because the trial setting was 313 days after arraignment and thus violated a statutory 180-day deadline. But delays that are "as a result of the application or fault of the defendant" do not count against the deadline under the statute. See K.S.A.2006 Supp. 22-3402(2). We must decide whether enough of those 313 days do not count so that the 180-day deadline had not been exceeded. The largest...

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