 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Bell3/15/2002
ng purposes. The court agreed with the defendant and concluded the sequential relationship applied in Wilson should be extended by analogy to K.S.A. 8-1567(d). The court held K.S.A. 8-1567(d) requires that each succeeding offense be committed after conviction of the preceding offense." 10 Kan. App. 2d at 499-500.
Bell argues the 1985 legislature amended 8-1567 to add subsection (k)(4), effectively overturning City of Chanute v. Wilson. Although the amendment does appear to modify the holding in Wilson that prior convictions must occur before the date of the current offense, left untouched is the holding that it is the date of the offense and not conviction that triggers the 5-year window.
We agree with the reasoning of the Wilson court that under 8-1567(k)(3), prior convictions are counted as of the date of the current offense, not the date of conviction. Here, when Bell's prior convictions are counted as of the date of her present offense, she has two prior convictions within the preceding 5 years. The district court properly sentenced Bell as a felony offender.
Affirmed.
|