State v. Scherzer

The opinion of the court was delivered by

Lockett, J.:

The defendant pled guilty to three counts of vehicular battery, K.S.A. 1992 Supp. 21-3405b, a class A misdemeanor. The defendant was fined $1,000 and sentenced to one year’s imprisonment on each count, with the sentences to be served concurrently. The court ordered the defendant to serve 90 days of imprisonment by house arrest, to be followed by probation. The State appeals the court’s order allowing the defendant to serve the 90 days of imprisonment by house arrest rather than imprisonment required by 21-3405b(b)(2). The two issues raised…