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State v. Hughes11/12/2004
rimes were committed, but California had enacted legislation which allowed the revival of prosecution for certain crimes. In this case, K.S.A.2002 Supp. 8-1567(1)(3) does not attempt to establish criminal liability for prior conduct.
" 'A showing of prior convictions goes only to the question of [a] defendant's status. The prior conviction or convictions gives the defendant a classification, and the statute prescribes sequentially increased punishment for repeated offenders. A repeating offender is not punished for the prior offense or offenses, but the Legislature has declared that repeated violations justify the enhanced penalty." ' State v. Campbell, 9 Kan.App.2d 474, 477, 681 P.2d 679 (1984) (quoting State v. Jones, 214 Kan. 568, 570, 521 P.2d 278 ).
Prior to Hughes' arrest for his third DUI, the applicable law had been amended to abolish the decay effect. Hughes argues that due process is violated because he might not have pled guilty to the previous convictions if he had known they would not decay and would affect a subsequent conviction. Our Supreme Court has held that "[d]ue process does not require that a defendant be informed of all collateral consequences which may result from a guilty plea." State v. LaMunyon, 259 Kan. 54, 62, 911 P.2d 151 (1996). More specifically, "[o]ne 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." 259 Kan. at 62; see also Sedillos, 33 Kan.App.2d at __.
Here, the amendment to the DUI statute became effective in July 2001, approximately 15 months prior to the date of the offense in the present case. Thus, Hughes had sufficient notice of the change in the enhancement statutes. The use of both prior convictions to enhance Hughes' conviction is merely a collateral consequence of his prior DUI convictions and does not offend due process.
**4 Hughes' constitutional challenges fail.
Affirmed.
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