STATE v. BOEHMER

No. 99,090.

203 P.3d 1274 (2009)

STATE of Kansas, Appellant, v. Michael S. BOEHMER, Appellee.

Court of Appeals of Kansas.

April 3, 2009.


Attorney(s) appearing for the Case

Lesley A. Isherwood, assistant district attorney, Nola Tedesco Foulston, district attorney, and Stephen N. Six, attorney general, for appellant.

Michael P. Whalen, of Law Office of Michael P. Whalen, of Wichita, for appellee.

Before GREENE, P.J., GREEN and LEBEN, JJ.


GREENE, J.

The State appeals the district court's dismissal with prejudice of criminal charges against Michael S. Boehmer of driving under the influence, driving while suspended, and transporting an open container. The State argues the circumstances did not merit the dismissal and the district court abused its discretion. Concluding the State's appeal is untimely as to one charge, we have no jurisdiction and dismiss this aspect of the appeal. As to the remaining charges...

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