State v. Farmer

I agree with the result reached by the majority but write separately because I would reverse the decision of the district judge dismissing the case for lack of jurisdiction simply because there is no statutory right or constitutional authority upon which the decision could be based.

We held in State v. Kleen, 257 Kan. 911, Syl. ¶ 2, 896 P.2d 376 (1995), that “K.S.A. 1994 Supp. 20-302b(c) provides for a de novo appeal before a district judge from a district magistrate judge in accordance with the limitations and procedure presented by law. ’ (Emphasis added.)”

In this case such an appeal was…