State v. Kitzman

The opinion of the court was delivered by

Herd, J.:

The state appeals pursuant to K.S.A. 22-3602(b)(3) upon a question reserved at the appellee Robert A. Kitzman’s sentencing hearing on February 6,1986. The facts are as follows:

On June 13, 1985, Robert Kitzman pled no contest to the charge of driving under the influence of alcohol or drugs. K.S.A. 1984 Supp. 8-1567. On June 27, 1985, he was sentenced to serve one year in the Shawnee County jail and placed on two years’ probation after his release.

After serving over seven months of his one-year sentence, Kitzman wrote to the district court…