State v. Sedillos

The opinion of the court was delivered by

Davis, J.:

Phillip J. Sedillos petitions this court for review of the Court of Appeals’ decision affirming his conviction and sentence for a third offense of driving under the influence (DUI), an unclassified person felony, in State v. Sedillos, 33 Kan. App. 2d 141, 98 P.3d 651 (2004). He argues the use of his prior convictions under K.S.A. 2002 Supp. 8-1567(l)(3) was erroneous and that the classification of his current DUI as a felony third offense violated due process. We affirm.

In February 2003, the defendant was charged with his third DUI offense in…