State v. Tims

The opinion of the court was delivered by

ROSEN, J.:

Daniel W. Tims appeals the Court of Appeals’ decision in State v. Tims, 49 Kan. App. 2d 845, 317 P.3d 115 (2014), reversing the district court’s decision holding that Tims’ 2002 un-counseled driving under the influence (DUI) diversion could not be counted as a prior DUI conviction for purposes of determining his sentence for his current DUI conviction. The Court of Appeals found that Tims’ Sixth Amendment right to counsel did not attach during the 2002 diversion proceedings. The court also concluded that though Tims had a statutory right to…