State v. Reese
Annotate this CaseDefendant was convicted of driving under the influence of alcohol (DUI). During his August 2011 sentencing, the district court imposed the enhanced sentence applicable to a person with four prior DUI convictions. Defendant appealed, arguing that pursuant to Kan. Stat. Ann. 8-1567(j), which was effective July 1, 2011, all of his pre-July 1, 2001 DUI convictions should have been excluded for sentence-enhancement purposes. The court of appeals affirmed Defendant’s enhanced sentence, concluding that the shortened look-back provision of the new law was a substantive change that could not be applied retroactively. The Supreme Court reversed, holding that the number of prior DUI convictions applicable to the current DUI sentence is to be calculated at the time of sentencing on the current conviction, and the shortened look-back period in Kan. Stat. Ann. 1576(j)(3) should have applied to Defendant’s August 2011 sentencing.
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