State v. Chamberlain

The opinion of the court was delivered by

Davis, J.:

Richard H. Chamberlain petitions this court for review of the Court of Appeals’ decision in State v. Chamberlain, No. 91,007, unpublished opinion filed September 3, 2004. The Court of Appeals affirmed his conviction and sentence for a third driving under the influence (DUI) offense, an unclassified nonperson felony under K.S.A. 8-1567(f) and (l)(3). He contends that the use of his prior diversion agreements to enhance his sentence under 8-1567 violated the Ex Post Facto and Contract Clauses of tire United States Constitution. We granted the…