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State v. Long12/6/2002
rial court's disposition under subsection K.S.A. 40-3104(d) does not amount to an adverse legal ruling on issues of statewide interest important to the correct and uniform administration of criminal laws of this state. See State v. Roderick, 259 Kan. 107, Syl. 1, 911 P.2d 159 (1996). We therefore decline to answer the questions reserved and dismiss the appeal.
Moreover, the alternative ruling of the trial court on the constitutionality of K.S.A. 40-3104(d) was not properly before the trial court. Because Long was charged under subsection (c) and not (d), the trial court did not have jurisdiction to declare K.S.A. 40-3104(d) unconstitutional. Likewise, we are without jurisdiction to pass judgment on the issue of the constitutionality of K.S.A.40-3104(d). See State v. Moody, 272 Kan.___, 38 P.3d 659, 661 (2002). The trial court's determination that K.S.A. 40-3104(d) was unconstitutional is set aside, and the State's appeal under K.S.A. 22-3601(b)(2) is dismissed.
We further note that the trial court's dismissal of the charge was an appropriate disposition of this case. Long was charged with a violation of K.S.A. 40-3104(c). Upon hearing before the trial court, Long presented a document demonstrating that insurance covered the vehicle he was driving at the time that Officer Wilson issued the citation. Among other reasons given for the dismissal, the trial court determined that the State had not proved beyond a reasonable doubt that Long was driving an uninsured vehicle.
The ruling of the trial court was an appropriate disposition of this case under the provisions of K.S.A. 40-3104(c). The questions reserved involve a charge under K.S.A. 40-3104(d). The trial court ruling based upon its mistaken belief does not present questions of statewide interest important to the correct and uniform administration of the criminal laws of this state. As noted above, the trial court had no jurisdiction to declare a statute not before it unconstitutional. Thus, under the unique circumstances of this case, we dismiss the State's appeal.
Appeal dismissed.
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