State v. Knoff

Royse, J.:

James Knoff appeals the district court’s determination that he is a habitual violator as defined by K.S.A. 8-285. He contends he did not have three convictions within the required period, because he entered into a diversion agreement more than 5 years before his last qualifying DUI conviction.

This appeal presents a question of first impression. At issue is the construction of K.S.A. 8-285(b), which contains a definition of “conviction” for purposes of the Habitual Violator Act.

A 'habitual violator” is any person who, within the immediately preceding 5 years, has been convicted in…