State v. McClanahan

The opinion of the court was delivered by

Herd, J.:

Robert D. McClanahan, Jr., was charged with three counts of burglary of a motor vehicle, K.S.A. 1991 Supp. 21-3715, and one count of felony theft, K.S.A. 21-3701. Following the preliminary hearing, the district court dismissed two of the three counts of burglary of a motor vehicle. The State appeals.

During the night of July 23, 1991, McClanahan crawled under a fence at the rear of the United Telephone Company in Gardner where the company’s trucks and vans were parked when not in use. McClanahan opened a total of six trucks and took three…