State v. Shuster

Elliott, J.:

Michael Shuster appeals the imposition of an $800 fine, exceeding the statutory mandatory minimum of $500, following a guilty plea to driving while under the influence. K.S.A. 8-1567.

We vacate the fine and remand.

The facts are essentially undisputed. At the time defendant pled guilty, it was believed to have been his third offense. In return for the guilty plea, the State agreed to recommend the minimum fine for a third conviction ($1,000).

At sentencing, since one prior conviction was more than five years old, for sentencing purposes, the current offense was deemed defendant’s…