State v. FisherAnnotate this Case
The Supreme Court vacated defendant’s sentence for driving under the influence (DUI), which was based on two prior convictions in a Wichita Municipal Court, holding that a conviction based on the ordinance cannot be used to enhance a sentence for a DUI conviction under Kan. Stat. Ann. 8-1567.
As detailed in the Court’s decision in State v. Gensler, __ P.3d __, also decided this day, the Court held (1) a prior municipal DUI conviction under the Wichita ordinance in effect at the time of Defendant’s conviction does not count as a prior DUI under section 8-1567(i)(1) because the ordinance defines “vehicle” more broadly than the Kansas statute and therefore prohibits a broader range of conduct; and (2) the broader definition in the ordinance means that the ordinance does not prohibit the acts that section 8-1567 prohibits.