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STATE v. MONTES-MATA

No. 98,883.

208 P.3d 770 (2009)

STATE of Kansas, Appellant, v. Carlos E. MONTES-MATA, Appellee.

Court of Appeals of Kansas.

May 29, 2009.

Attorney(s) appearing for the Case

Vernon E. Buck, first assistant county attorney, J. Marcus Goodman, county attorney, and Stephen N. Six, attorney general, for appellee.

Patrick H. Dunn, of Kansas Appellate Defender Office, for appellant.

Before CAPLINGER, P.J., BUSER, J., and BUKATY, S.J.

CAPLINGER, J.

The State of Kansas appeals the district court's order dismissing the charges against Carlos E. Montes-Mata based on speedy trial violations. The State contends the district court erred in finding that although Immigration and Customs Enforcement (ICE) issued an immigration detainer to the Lyon County Sheriff's Department while Montes-Mata was jailed based on charges pending in this case, Montes-Mata was being held in jail solely by reason of the instant...

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