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STATE v. ALLEN

No. 108,291.

305 P.3d 702 (2013)

STATE of Kansas, Appellant, v. James ALLEN, Appellee.

Court of Appeals of Kansas.

July 19, 2013.

Attorney(s) appearing for the Case

Thomas E. Knutzen , assistant county attorney, Jason W. Belveal , county attorney, and Derek Schmidt , attorney general, for appellant.

Branden A. Bell , of Sandage Bell, LLC, of Kansas City, Missouri, for appellee.

Before STANDRIDGE, P.J., ARNOLD-BURGER and POWELL, JJ.

STANDRIDGE, J.

The district court granted James Allen's motion to dismiss the vehicular homicide charge against him for lack of sufficient evidence. The State appeals this dismissal, arguing that Allen had no right to a preliminary hearing on the motion, the State should not have been required to provide evidence of an aggravating factor independent of a traffic infraction, and the State provided sufficient evidence that Allen committed vehicular homicide. For the...

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