State v. Remlinger

The opinion of the court was delivered by

Lockett, J.:

Defendant was tried before a district magistrate judge and convicted of two misdemeanor charges. Prior to sentencing, defendant appealed pursuant to K.S.A. 1997 Supp. 22-3609a, requesting a trial de novo by a district judge. Prior to the second trial, defendant sought a dismissal of the charges, claiming he was not brought to trial by the State within 180 days of filing his notice of appeal as required by K.S.A. 22-3402. The district judge granted defendant’s motion to dismiss. The State appeals.

Remlinger was charged with misdemeanor…