State v. MearsAnnotate this Case
As detailed in the Supreme Court’s decision in State v. Gensler, __ P.3d __, also decided this day, the Supreme Court held that a conviction based on a Wichita ordinance prohibiting operation of a vehicle under certain circumstances cannot be used to enhance a sentence for a conviction for driving under the influence (DUI) under Kan. Stat. Ann. 8-1567 because the Wichita ordinance prohibits a broader range of conduct than the Kansas statute.
Defendant’s sentence for DUI was based on two prior convictions for DUI, one of which was a Wichita Municipal Court conviction. The Supreme Court vacated Defendant’s sentence and remanded the case to the district court for resentencing, holding (1) Gensler was dispositive in this case and compelled a decision in Defendant’s favor; and (2) Defendant’s Wichita municipal DUI could not be used for sentencing purposes for his current DUI prosecuted under section 8-1567.