State v. Shaw

Green, J.:

Ryan Shaw appeals his conviction and sentence for felony driving under the influence of alcohol under K.S.A. 2006 Supp. 8-1567 as a third-time offender. First, Shaw argues that the trial court should have granted his motion to dismiss because the State failed to prove at the preliminary hearing that he had two prior convictions for driving under the influence of alcohol (DUI), a necessary element of felony DUI as a third-time offender. Because Shaw failed to include a record of the preliminary hearing, we cannot adequately review Shaw’s argument. Moreover, even if the only evidence…