State v. Helgeson

Brian M. Helgeson appeals from his conviction of one count of driving while under the influence of alcohol (D.U.I.), K.S.A. 8-1567(a), and the sentence entered by the court pursuant to K.S.A. 8-1567(d). We note that the statute was amended effective April 21, 1983, but the amendments are not material to the issues herein. Therefore, we will not refer to the 1983 Supplement in our citations to the statutes. The case was transferred from the Court of Appeals pursuant to K.S.A. 20-3018(c).

As there is no issue as to the sufficiency of the evidence of the defendant being under the influence of…