State v. Wolverton

Lorentz, J:

The State of Kansas appeals under K.S.A. 22-3602(e) the imposition of James Wolverton’s sentence following his guilty plea to one count of felony driving with a suspended license. The State argues the trial court erred in not ordering Wolverton to serve the mandatory 5 days’ imprisonment that is required under the driving while suspended statute, K.S.A. 1994 Supp. 8-262(a)(3), before being released on probation.

Before his conviction and sentencing, Wolverton spent more than 5 days in jail. At sentencing, Wolverton argued that he should receive credit for the time he spent…