State v. Stephens

The opinion of the court was delivered by

Allegrucci, J':

The State appeals the trial court’s dismissal at the conclusion of the preliminary examination of the complaint that charged Carolyn A. Stephens with one count of theft by deception of over $25,000. The State appeals pursuant to K.S.A. 22-3602(b)(1).

After considering the evidence presented at the preliminary examination in July 1996, the trial court determined that there was not probable cause to believe that defendant committed the crime charged. The deficiency in the evidence was in the “value element of the crime.”

Paul and Susan Smith…