State v. Martinez

The opinion of the court was delivered by

Lockett, J.:

The State appeals the district court’s dismissal of a felony count of driving under the influence (DUI) in the complaint after finding that the felony provision of K.S.A. 1998 Supp. 8-1567(f), for a third DUI conviction, is unconstitutional.

Defendant Jose Martinez, who had two previous DUI convictions, was charged with DUI and driving while his license was suspended. Prior to trial, Martinez filed a motion to dismiss the DUI charge. Under K.S.A. 1998 Supp. 8-1567, a DUI conviction may be a class B misdemeanor, a class A misdemeanor, or…