State v. Braun

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 113,762 STATE OF KANSAS, Appellee, v. ROBERT L. BRAUN, Appellant. SYLLABUS BY THE COURT Under the facts of this case, an appellate court holding that a district court should have suppressed evidence and the conviction based on that evidence was invalid cannot use stipulated facts to find the error was harmless because a defendant could have been found guilty of an alternative charge. The parties agreed the stipulated facts would not apply if the evidence was suppressed. Review of the judgment of the Court of Appeals in an unpublished opinion…