STATE v. GILLEN

No. 97,711.

181 P.3d 564 (2008)

STATE of Kansas, Appellee, v. Leander D. GILLEN, Appellant.

Court of Appeals of Kansas.

April 18, 2008.


Attorney(s) appearing for the Case

Jeff Elder, of Wamego, for appellant.

Sherri Schuck, county attorney, and Paul J. Morrison, attorney general, for appellee.

Before MARQUARDT, P.J., MALONE, J., and BRAZIL, S.J.


BRAZIL, S.J.

Leander D. Gillen appeals a decision of the district court that it lacked jurisdiction to consider his appeal from a conviction before a district magistrate judge following a guilty plea. We reverse and remand.

On September 25, 2005, Gillen was a passenger in a vehicle stopped at a driving under the influence (DUI) checkpoint. Despite knowing the driver was not under the influence, all occupants were detained and ordered to exit the vehicle. Officers...

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