State v. Heironimus

The opinion of the court was delivered by

Six, J.:

Defendant Bobbie L. Heironimus, declared a habitual violator (K.S.A. 1996 Supp. 8-286), was charged with operating a motor vehicle while his driving privileges were revoked (K.S.A. 1996 Supp. 8-287, a severity level 9, nonperson felony).

Our jurisdiction is under K.S.A. 22-3602(b)(l) (State’s appeal from a dismissal of the complaint). The issue is whether the ha bitual violator statutes (HVS), K.S.A. 8-284 et seq., are unconstitutional because they fail to provide due process.

We find the HVS constitutional and reverse the district court.…