State v. Robinson

The opinion of the court was delivered by

Six, J.:

This is a direct appeal by the State from the dismissal of an information charging reckless aggravated battery under K.S.A. 21-3414(a)(2)(A). The charge arose out of a vehicle collision involving Robinson’s drinking and driving. The district court ruled the State’s evidence of recklessness was insufficient.

Our jurisdiction is under K.S.A. 22-3602(b)(1) (the State may appeal as a matter of right from an order dismissing a complaint, information, or indictment).

We reverse the district court and hold there was sufficient evidence to bind Robinson…