State v. Masterson

The opinion of the court was delivered by

Six, J.:

This is a statutory interpretation case arising from defendant Donald Masterson’s conviction, under K.S.A. 1995 Supp. 8-1567, of driving under the influence of alcohol (DUI). After a trial to the court, Masterson was convicted of a class B misdemeanor for a first-time offense. His sentence of 6 months was suspended for 2 years, conditioned on payment of the docket fee, fine, probation fee, and the recommendations of an alcohol evaluation. He was given credit for the 5 days he spent in the county jail before trial against the mandatory 48…