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State v. Chamberlain9/30/2005
al conviction and has no 1986 DUI conviction listed in his criminal history. He fails to recognize that a diversion or conviction in 1986 could be considered for sentencing enhancement at a later date. While the 1986 diversion provided the defendant with those benefits when compared to a conviction, the diversion provided the defendant no additional benefits over being convicted for purposes of future sentencing enhancement. The defendant has not established the impairment of any obligation under his 1986 diversion agreement.
We conclude that the defendant has not met the threshold issue of establishing that any obligation of the 1986 diversion agreement has been impaired. Further analysis under the remaining two prongs of the Bott test is unnecessary. K.S.A. 8-1567(l)(3) only affects the defendant's current DUI, an enhanced felony sentence based upon the defendant's two previous diversion agreements. K.S.A. 8-1567, as amended in 2001, only affects the defendant's 2002 DUI conviction and has no effect on the contract rights of the defendant's 1986 diversion agreement. The Court of Appeals correctly concluded that K.S.A. 8-1567(l)(3), see K.S.A. 2004 Supp. 8-1567(m)(3), is not an unconstitutional impairment of the defendant's contractual rights under his 1986 diversion agreement.
Affirmed.
LOCKETT, J., Retired, assigned.
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