State v. SchraderAnnotate this Case
The Supreme Court vacated Defendant’s sentence for involuntary manslaughter while driving under the influence (DUI), a sentence that was based on a prior conviction in Wichita Municipal Court as a person felony, holding that a conviction under the Wichita DUI ordinance does not count as a prior DUI, scored in this case as a person felony, because it prohibits a broader range of conduct than state law.
The court of appeals agreed with Defendant that the breadth of prohibited acts under the Wichita ordinance precluded Defendant’s conviction under the ordinance from being counted as a person felony under Kan. Stat. Ann. 21-6811(c)(2) and thus vacated Defendant’s sentence. The Supreme Court affirmed and remanded this case for resentencing, holding (1) the Wichita ordinance prohibits a broader range of conduct than that prohibited under Kan. Stat. Ann. 8-1567; and (2) therefore, Defendant’s prior Wichita DUI should not have been included as a person felony in his criminal history score for purposes of sentencing on his conviction of involuntary manslaughter under Kan. Stat. 21-5405(a)(3).