State v. Myers
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The Supreme Court reversed the district court's ruling to strike Defendant's prior Missouri driving while intoxicated (DWI) convictions and reversed the court of appeals' holding that prior Missouri DWI convictions are not "comparable" to Kansas' driving under the influence of alcohol (DUI) offense for purposes of sentencing a defendant as a repeat DUI offender, holding that the district court should have considered Defendant's prior Missouri DWI convictions.
Given Defendant's two prior Missouri DWI convictions, the State charged Defendant with felony DUI as a third-time offender. Defendant moved to strike her DWI convictions from the proceedings. The district court granted the motion to strike, concluding that Defendant's prior Missouri DWI offenses were not "comparable" to those in Kan. Stat. Ann. 8-1567 for purposes of determining whether Defendant was a repeat DUI offender. The State filed an interlocutory appeal. The court of appeals affirmed. The Supreme Court remanded this matter, holding (1) the district court erred in striking Defendant's prior Missouri DWI convictions; and (2) the court of appeals erred in concluding that prior Missouri DWI convictions are not "comparable" to Kansas' DUI offense for purposes of sentencing a defendant as a repeat DUI offender.
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