STATE v. BIRD

No. 120,816.

482 P.3d 1157 (2021)

STATE of Kansas, Appellant/Cross-appellee, v. Stephen Wayne BIRD, Appellee/Cross-appellant.

Court of Appeals of Kansas.

Opinion filed February 19, 2021.


Attorney(s) appearing for the Case

Steven J. Obermeier , assistant solicitor general, and Derek Schmidt , attorney general, for appellant/cross-appellee.

Christopher M. Joseph and Carrie E. Parker , of Joseph, Hollander & Craft LLC, of Topeka, for appellee/cross-appellant.

Before Arnold-Burger, C.J., Malone, J., and Walker, S.J.


After the parties selected the jury but before being sworn in, the district court dismissed one count of a grand jury indictment against Stephen Wayne Bird. The next morning, the State announced that it was dismissing the remaining charge to pursue a direct appeal. Over Bird's objection, the district court dismissed the remaining...

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