State v. Kralik

Greene, J.:

On a question reserved, the State appeals whether and to what extent a district court should, for purposes of determining the existence of prior convictions for violation of K.S.A 8-1567, give deference to ambiguous findings or recitals in prior jour*183nal entries. We conclude that the district court erred in disregarding such findings, and we sustain the State’s appeal.

Factual and Procedural Overview

The State charged Troy Allen Kralik with driving under the influence (DUI) alternatively under K.S.A. 8-1567(a)(3) and K.S.A. 8-1567(a)(2), but charged the DUI as a felony on the basis…