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State v. Sedillos6/3/2005
he criminal history score under the Kansas Sentencing Guidelines Act, K.S.A. 21-4701 et seq., even though the Kansas Juvenile Offenders Code, K.S.A. 38-1601 et seq. (Furse 1993), provided that no judgments or decrees under the Code should be deemed or held to import a criminal act on the part of the juvenile. We reasoned in part:
"Due process does not require that a defendant be informed of all collateral consequences which may result from a guilty plea. [Citation omitted.] One of the collateral consequences of which a defendant need not be informed is the possibility that the conviction may be used to enhance the sentence for a later crime. [Citations omitted.]" 259 Kan. at 62.
In this case, the amended statute, K.S.A. 2002 Supp. 8-1567(l)(3), allowing the use of lifetime convictions, became effective in July 2001, approximately 19 months prior to the date of the defendant's current DUI offense. The defendant thus had sufficient notice that all of his prior lifetime convictions could be used to enhance his sentence if he was convicted of a DUI after that date. Further, LaMunyon counsels that the defendant did not have to be warned that his DUI diversion or his DUI guilty plea could subsequently be used to enhance his sentence because that possibility was merely a collateral consequence resulting from his decisions to enter into those prior DUI convictions. The Court of Appeals correctly concluded that the defendant was not denied due process by the use of his prior convictions to enhance his current DUI conviction sentence under K.S.A. 2002 Supp. 8-1567(l)(3).
Affirmed.
LOCKETT, J., Retired, assigned.
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