State v. Martin

Rulon, J.:

Michael L. Martin, defendant, appeals the district court’s finding that, as a matter of law, he could not serve the 90 days of imprisonment required under K.S.A. 1988 Supp. 8-1567(f) in a work release facility. We affirm.

The facts in this case are undisputed. On November 7, 1988, Martin entered a plea of guilty to driving under the influence of alcohol (DUI), contrary to K.S.A. 1988 Supp. 8-1567. This conviction was the defendant’s third DUI conviction within a five-year period. On November 16, 1988, Martin appeared for sentencing. The district court sentenced Martin to 6 months in…