State v. Sisk

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by the State from the trial court’s order converting defendant Johnny C. Sisk’s 10-year-to-life sentence for second-degree murder to 36 months under the sentencing guidelines.

The State raises a number of issues. We believe the case can be decided on the sole issue of whether defendant’s sentence for a felony DUI was a prison sentence as contemplated by K.S.A. 1993 Supp. 22-3717(f). Defendant’s situation fell within the small window (9 months) during which K.S.A. 1993 Supp. 22-3717(f) existed. That statute provided:

“(f) If…