State v. Burns

238 P.3d 288 (2010)

STATE of Kansas, Appellant,

v.

James Wilson BURNS, Jr., Appellee.

No. 102,403.

Court of Appeals of Kansas.

July 23, 2010.

John H. Taylor, deputy county attorney, and Steve Six, attorney general, for appellant.

Steven C. Staker, of Junction City, for appellee.

Before GREENE, P.J., MARQUARDT, J., and BRAZIL, S.J.

MARQUARDT, J.:

The State of Kansas appeals the district court's order granting James Burns' motion to dismiss. We affirm.

On May 11, 2006, the State filed a complaint charging Burns with two counts of forgery and one count of felony theft. When this complaint was filed, Burns…