State v. Seabury

The opinion of the court was delivered by

Six, J.:

The State appeals from an order dismissing a complaint charging David Seabury, Sr., with felony obstruction of official duty. K.S.A. 21-3808(b)(1). Seabury was arrested following a dispute with police during execution of a search warrant at his home. Following a preliminary hearing defendant was bound over for trial; he filed a motion to dismiss. The district court remanded the case to a magistrate judge for trial as a misdemeanor. The State then prepared an order of dismissal, which was approved by counsel and signed by the district court.

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