State v. Larson

The opinion of the court was delivered by

McFarland, C.J.:

The Johnson County District Court convicted John M. Larson of driving under the influence, in violation of K.S.A. 1997 Supp. 8-1567(a). The district court subsequently granted defendant’s motion for arrest of judgment, finding that the State’s failure to plead the crime severity level in the amended complaint was fatal to the conviction.

The underlying facts show that on June 15, 1996, a Johnson county deputy sheriff arrested defendant, issuing a citation for driving under the influence. On the traffic citation, the officer alleged that…