State v. Perkins
Annotate this CaseAfter a jury trial, Defendant was convicted of driving under the influence of alcohol (DUI). The court of appeals affirmed his conviction, concluding that evidence of an attempt to operate a vehicle while under the influence of alcohol was sufficient to sustain Defendant's conviction. Defendant appealed, claiming that he was deprived of his right to a unanimous jury verdict because the State charged him with alternative means of committing DUI, the jury was instructed on both means, and the State failed to present sufficient evidence to establish both means on which the jury was instructed. The Supreme Court (1) reversed the court of appeals' determination that the phrase "operate or attempt to operate" in Kan. Stat. Ann. 8-1564(a) creates alternative means of committing a crime, thus holding that the State is not required to prove both sets of factual circumstances; and (2) affirmed Defendant's conviction, holding that the State presented sufficient proof that Defendant operated the vehicle while under the influence of alcohol.
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