State v. Weber

Gernon, J.;

David J. Weber appeals his conviction for driving while adjudicated a habitual violator pursuant to K.S.A. 8-287.

Weber raises the issue of whether a person adjudicated a habitual violator can be imprisoned for violating K.S.A. 8-287 when his classification as a habitual violator was based, in part, on an uncounseled misdemeanor conviction.

David Weber was convicted in 1985 of driving while his driving privileges were suspended. Weber was convicted in November of 1986 of driving with a suspended driver’s license on two different occasions.

Weber was declared a habitual violator in…