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State v. Long12/6/2002
Appeal dismissed.
This case comes before us on questions reserved by the State. One of the questions reserved also involves an alternative ruling of the trial court that a criminal statute, K.S.A. 40-3104(d), was unconstitutional, thus invoking the jurisdiction of this court under K.S.A. 22-3601(b)(2) (appeal as a matter of right in " ny case in which a statute of this state . . . has been held unconstitutional"). K.S.A. 40-3104 relates to motor vehicle liability insurance coverage. Based upon the unique facts of this case, we dismiss the State's appeal because the questions reserved are not of statewide interest important to the correct and uniform administration of the criminal law and because the constitutionality of K.S.A. 40-3104(d) was not properly before the district court.
In the early morning hours of November 17, 2000, Mark William Long was stopped on Interstate Highway 70 by Deputy Sheriff Jim Wilson of the Ellsworth County Sheriff's Department after Deputy Wilson observed the Long vehicle failing to maintain a single lane of traffic. Once stopped, Long backed into Deputy Wilson's police vehicle, causing damage. At the time, Long was driving a vehicle registered to Douglas Jackson. Deputy Wilson issued the following citations to Long: Failure to maintain a single lane of traffic in violation of K.S.A. 8-1522; driving under the influence , second offense, class A misdemeanor in violation of K.S.A. 8-1567; improper backing in violation of K.S.A. 8-1574(b); and no liability insurance, second offense, class A misdemeanor in violation of K.S.A. 40-3104. With the exception of the last charge regarding liability insurance, all other charges were disposed of by nolo contendere pleas and are not involved in this appeal.
At the time the citations were issued, Long presented to the arresting officer an insurance card showing coverage for the vehicle he was driving with an effective date of July 25, 2000, and an expiration date of October 25, 2000. Therefore, according to the card presented by Long, the vehicle he was driving was not covered by insurance. When Long's motion to dismiss was presented to the trial court on January 17, 2002, more than 1 year after the citations were issued, a second document was presented by Long. This document indicated that there existed a policy with Shelter General Insurance Company, demonstrating that the vehicle Long was driving was covered by insurance at the time the citations were issued on November 17, 2000.
As noted above, Long filed a motion to dismiss and set forth a statement of facts which were stipulated to by the State with the exception of paragraph 5. The facts then considered by the trial court were:
"1. [Long] pled guilty to the other three counts pending against him on August 16, 2001. Sentencing was deferred on those counts until this remaining count is resolved.
"2. A jury trial on this remaining count was scheduled for December 11, 2001, however, counsel agreed to submit the legal issue of statutory interpretation to the Court on stipulated facts for decision.
"3. At the time of his arrest on November 17, 2000, the Defendant was driving a car registered to Douglas Jackson.
"4. The Defendant was involved in a collision with a vehicle belonging to Ellsworth County, Kansas, on November 17, 2000.
"5. Within 10 days of his arrest and the collision, the Defendant provided proof of insurance on the vehicle. This insurance, as evidenced in Exhibit 'A,' was in effect on November 17, 2000, through Shelter General Insurance Company, in the name of the registered owner of the vehicle, Douglas Jackson.
"6. At some point, Ellsworth County su
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