STATE v. COTT

No. 97,955.

186 P.3d 826 (2008)

STATE of Kansas, Appellant, v. Nicole Lynn COTT, Appellee.

Court of Appeals of Kansas.

June 27, 2008.


Attorney(s) appearing for the Case

Jamie L. Karasek, assistant district attorney, Robert D. Hecht, district attorney, and Paul J. Morrison, attorney general, for appellant.

Kevin P. Shepherd, of Topeka, for appellee.

Before HILL, P.J., ELLIOTT and PIERRON, JJ.


ELLIOTT, J.

The State appeals the trial court's dismissal of a charge of aggravated endangering of a child, claiming the court erred in finding K.S.A.2005 Supp. 8-1506(h) preempted the endangerment statute because it was more specific. Appellee Nicole Cott claims the State's appeal is frivolous. We reverse and remand.

Cott was stopped on suspicion of driving under the influence (DUI); her 4-year-old son was in the car with her. Cott failed field sobriety tests...

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