State v. Anthony

The opinion of the couxt was delivered by

Nuss, J.:

The district court dismissed for lack of jurisdiction Michael Anthony’s motion to modify a sentence imposed for his third offense of driving under the influence (DUI). The Court of Appeals reversed and remanded for a determination on the merits of his motion in State v. Anthony, 30 Kan. App. 2d 427, 42 P.3d 207 (2002). We granted the State’s petition for review under K.S.A. 20-3018(b), since an earlier panel of the Court of Appeals appears to have reached dissimilar results with a similar issue. See State v. Smith, 26 Kan. App. 2d 272, 981…