State v. Hines

The opinion of the court was delivered by

Davis, J.:

The trial court dismissed all charges against the defendant John Hines based upon violation of K.S.A. 22-3402(1), the failure to bring him to trial in 90 days. The State appeals, claiming that continuances granted were justified and dismissal was an abuse of discretion. The question presented under unique facts is not one of an abuse of discretion but rather a question of law under K.S.A. 22-3402. We agree with the trial court and affirm.

On June 30, 1998, an information was filed charging the defendant with four counts of rape, two counts of…