City of Chanute v. Wilson

Briscoe, J.:

The defendant, Joe R. Wilson, appeals the sentence imposed by the district court after his conviction for driving while under the influence of alcohol (K.S.A. 1983 Supp. 8-1567).

The defendant was sentenced as a third offender pursuant to K.S.A. 1983 Supp. 8-1567(e), which sets forth the penalties for third or subsequent convictions for driving while under the influence. K.S.A. 1983 Supp. 8-1567(i) defines the convictions which may be considered in determining whether the defendant is a first, second or third offender as follows:

“For the purpose of determining whether a conviction…