State v. Whittington

The opinion of the court was delivered by

Six, J.:

This criminal case concerns a preliminary examination probable cause determination. Defendant Joe Donald Whittington was charged with aggravated battery against his wife. The district court, reasoning that the State failed to present sufficient evidence to bind Whittington over for trial, dismissed the complaint. The State appeals. Our jurisdiction is under K.S.A. 22-3602(b)(l) (State’s appeal from order dismissing complaint).

Our standard of review is de novo. See State v. Garza, 259 Kan. 826, 827, 916 P.2d 9 (1996). We find probable cause and…