State v. Peterson

Knudson, J.:

The defendant, William Peterson, spent 4 days, 3 hours, and 12 minutes in jail prior to imposition of sentence as a second-time offender for driving under the influence of alcohol, contrary to K.S.A. 2000 Supp. 8-1567(a). The issue on appeal is whether his pre-conviction jail time should be credited against the mandatory minimum of “at least five' consecutive days’ imprisonment” required in K.S.A. 2000 Supp. 8-1567(e). We affirm the district court’s determination that Peterson was not entitled to credit.

After his arrest, Peterson was placed in custody at 2:05 p.m. on February 13,…