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State v. Anthony3/15/2002
this result, it is difficult to understand why the DUI statute provides that a person is not eligible for a reduction of sentence or parole from sentence prior to serving 90 days. The statute could simply state that the district court must impose a minimum sentence of 90 days. The question then is, how does a reduction of sentence occur without anyone having jurisdiction to modify the sentence or who is empowered to parole a nongrid felon? If reasonably possible, this court is to avoid construing a statute in a manner which would render part of that statute surplusage. State v. Rush, 255 Kan. 672, 677, 877 P.2d 386 (1994). We find that the district court retains jurisdiction to modify a nongrid felony DUI sentence.
Reversed and remanded for a determination on the merits of the motion to modify sentence.
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