Legal Opinion

State v. Gensler

Supreme Court of Kansas

Decided August 10, 2018No. 112523Published

1Opinion of the Court

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 112,523 STATE OF KANSAS, Appellee, v. STACY A. GENSLER, Appellant. SYLLABUS BY THE COURT A prior municipal court conviction for driving under the influence (DUI) under a Wichita ordinance prohibiting operation of a vehicle under certain circumstances, when the element of "vehicle" is defined more broadly than the "vehicle" element in the state DUI statute, cannot be used to elevate a later violation of the state statute to a felony. Review of the judgment of the Court of Appeals in an unpublished opinion filed May 6, 2016. Appeal from Sedgwick…

2Cases cited18 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
  5. Wisconsin Central Ltd. v. United StatesSupreme Court of the United States · 2018

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