State v. Dalton

Rülon J.:

Barry Dalton, defendant, appeals from his jury conviction of obstructing official duty, a class E felony. Defendant contends the district court erred in denying his motion to dismiss because under the circumstances surrounding his conviction he could only be convicted of a misdemeanor. We affirm.

The essential facts are undisputed and are as follows:

On April 20, 1993, Olathe police officers received information that defendant had an outstanding felony warrant for his arrest. Two police officers, James Stover and Dennis Purdon, went to defendant’s place of employment. Officer Stover…