State v. Hudon

763 P.2d 611, 243 Kan. 725, 1988 Kan. LEXIS 199
CourtSupreme Court of Kansas
DecidedOctober 28, 1988
DocketNo. 61,769
StatusPublished
Cited by6 cases

This text of 763 P.2d 611 (State v. Hudon) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hudon, 763 P.2d 611, 243 Kan. 725, 1988 Kan. LEXIS 199 (kan 1988).

Opinion

The opinion of the court was delivered by

McFarland, J.:

In this appeal by the State, we are asked to determine two issues. Appellate jurisdiction of the first issue is claimed under K.S.A. 1987 Supp. 22-3602(b)(l), that is, an appeal “[f]rom an order dismissing a complaint, information or indictment.” Appellate jurisdiction of the second issue is claimed under K.S.A. 1987 Supp. 22-3602(b)(3), that is, an appeal “upon a question reserved by the prosecution.”

The journal entry filed herein states that Count II of the complaint (driving a motor vehicle while driving privileges are suspended, K.S.A. 1987 Supp. 8-262) was dismissed by the district court. The record shows conclusively that this is an incorrect statement. At the close of the State’s evidence in the jury trial herein, the trial court sustained defendant’s motion for judgment of acquittal as to Count II. We held in State v. Whorton, 225 Kan. 251, Syl. ¶ 4, 589 P.2d 610 (1979), that no appeal lies from a judgment of acquittal. In Whorton, the trial judge had even designated his action as a dismissal, but we held the trial judge’s characterization of his own action does not control the classification thereof. We conclude we have no jurisdiction to determine the first issue raised herein.

The second question was specifically reserved by the prosecution and is properly before us under the authority of K.S.A. 1987 Supp. 22-3602(b)(3). Whether we should entertain the ap[726]*726peal on the question reserved must now be determined. It has long been the rule of this court that questions reserved by the State in a criminal prosecution will not be entertained on appeal merely to demonstrate whether or not error has been committed by the trial court in its rulings adverse to the State. State v. Adee, 241 Kan. 825, 826, 740 P.2d 611 (1987); State v. Willcox, 240 Kan. 310, Syl. ¶ 1, 729 P.2d 451 (1986); State v. Holland, 236 Kan. 840, Syl. ¶ 1, 696 P.2d 401 (1985); State v. Glaze, 200 Kan. 324, Syl. ¶ 1, 436 P.2d 377 (1968). Appeals on questions reserved by the State have been generally accepted where they involve questions of statewide interest important to the correct and uniform administration of the criminal law. State v. Glaze, 200 Kan. at 325. We have uniformly declined to entertain questions reserved, the resolution of which would not provide helpful precedent. State v. Holland, 236 Kan. at 841.

The question reserved is the propriety of a trial court’s determination that, under the Nonresident Violator Compact of 1977 (Compact) (K.S.A. 8-1219), the division of motor vehicles could not suspend Hudon’s driver’s license for more than one year by virtue of the language contained in K.S.A. 1987 Supp. 8-256(a), and that the no-date-certain period of suspension was violative of the specifically designated period of suspension requirement of K.S.A. 8-1474. The Compact has not previously been before us. The question herein may well arise in other prosecutions, and we believe it is of sufficient statewide interest to warrant our determination thereof.

A summary of the background facts is appropriate at this point. Defendant Mark Hudon is a resident of Kansas. On January 11, 1986, Mr. Hudon was ticketed for speeding in Kansas City, Missouri. He neither appeared in court as required or paid his $37.00 fine.

Kansas and Missouri are both members of the Nonresident Violator Compact, a multi-state means of dealing with drivers who violate the traffic laws of another state. In Kansas the Compact is codified at K.S.A. 8-1219. Defendant’s failure to comply with the citation triggered the operation of the Compact. Ultimately, The State of Missouri reported to the Kansas Department of Revenue that Mark Hudon, possessor of a valid Kansas driver’s license, had failed to appear in court to pay his fine and costs within the specified time frame. Based upon this [727]*727notice, the Kansas Department of Revenue withdrew Hudon’s driving privileges by suspending his driver’s license pursuant to K.S.A. 8-1219 “until Ticket is satisfied.” The date of withdrawal of driving privileges was June 17,1986. The Division of Vehicles of the Department of Revenue notified Hudon of its action on June 17, 1986, by mailing same to Hudon’s last known address, according to division records, at 2225 Rail Lane, Kansas City, Kansas 66103.

On July 20,1987, some 13 months later, Hudon was stopped in Johnson County after driving erratically at a high speed. He was arrested and charged the next day with one count of driving under the influence of alcohol (K.S.A. 1987 Supp. 8-1567), one count of driving while license cancelled, suspended, or revoked (K.S.A. 1987 Supp. 8-262), and one count of obstructing legal process or official duty (K.S.A. 21-3808). In the resultant jury trial, Hudon was convicted of obstruction of legal process (Count III) and was granted a judgment of acquittal on the suspended license charge (Count II), but the jury was unable to reach a verdict on the DUI charge (Count I). Subsequently, the State dismissed the DUI charge.

The relevant portion of the Compact is contained in Section (a) of Article IV thereof, as follows:

“Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction’s procedures, to suspend the motorist’s driver’s license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.” (Emphasis supplied.)

K.S.A. 1987 Supp. 8-256(a) provides:

“The division shall not suspend a person’s license to operate a motor vehicle on the public highways for a period of more than one year, except as permitted under K.S.A.

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Related

State v. Berreth
273 P.3d 752 (Supreme Court of Kansas, 2012)
Davidson v. State, Department of Revenue, Motor Vehicle Division
981 P.2d 696 (Colorado Court of Appeals, 1999)
State v. Mountjoy
891 P.2d 376 (Supreme Court of Kansas, 1995)
State v. Marshall
845 P.2d 659 (Supreme Court of Kansas, 1993)
State v. Price
795 P.2d 57 (Supreme Court of Kansas, 1990)

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Bluebook (online)
763 P.2d 611, 243 Kan. 725, 1988 Kan. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hudon-kan-1988.