State v. GenslerAnnotate this Case
The Supreme Court vacated Defendant’s sentence for driving under the influence (DUI), which was based on two prior convictions for DUI, holding that the sentencing provisions of Kan. Stat. Ann. 8-1567(i)(1) that define “conviction” did not cover Defendant’s previous convictions under a Wichita municipal ordinance.
Defendant was twice convicted of DUI under the Wichita municipal ordinance. On appeal, Defendant argued that the Wichita DUIs could not be used to enhance his current DUI sentence because that Wichita ordinance prohibited a broader range of conduct than Kan. Stat. Ann. 8-1567 prohibited. The Supreme Court agreed and remanded this case to the district court for resentencing, holding (1) the elements of the Wichita ordinance are not the same as, or narrower than, the elements of the Kansas statute; and (2) therefore, Defendant’s convictions under the ordinance could not be used as prior DUIs for purposes of this DUI prosecution under section 8-1567.