State v. Nelson

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by the State of Kansas in a criminal prosecution from an order discharging the defendant on one count of a three-count complaint.

The State filed a three-count complaint charging Nelson with aggravated battery in Count I, driving under the influence in Count II, and consumption of alcohol by a minor in Count III. At the close of the preliminary hearing, the trial court discharged Nelson on Count I (aggravated battery), and the State voluntarily dismissed Count II (DUI). Count III (consumption of alcohol by a minor) was never…