State v. Stevens

The opinion of the court was delivered by

Nuss, J.:

Ray Stevens appeals his conviction for operating or attempting to operate his vehicle under the influence of alcohol. The Court of Appeals affirmed his conviction, with one judge dissenting. See State v. Stevens, 36 Kan. App. 2d 323, 138 P.3d 1262 (2006). We granted Stevens’ petition for review and the State’s cross-petition for review; our jurisdiction is pursuant to K.S.A. 20-3018(b).

Between Stevens and the State, they present seven issues on appeal. Those issues, and our accompanying holdings, are as follows:

1. Did the district court err in…