State v. LamoneAnnotate this Case
The Supreme Court vacated Defendant’s sentence for driving under the influence (DUI) based on two prior convictions for DUI, holding that a prior municipal court conviction for DUI under a Wichita ordinance prohibiting operation of a vehicle under certain circumstances cannot be used to enhance a sentence for a DUI conviction under Kan. Stat. Ann. 8-1567.
The Supreme Court already addressed the issue in this case in State v. Gensler, 423 P.3d 488 (Kan. 2018). Here, the Supreme Court held that because the Wichita ordinance prohibits a broader range of conduct than the Kansas statute, Defendant’s prior municipal DUI convictions could not be used for sentencing purposes for her current DUI prosecuted under section 8-1567. The Court remanded this case for resentencing.