State v. Anthony

Johnson, J;

Michael J. Anthony pled guilty to a third offense of driving under the influence of alcohol (DUI), in violation of what is now K.S.A. 8-1567 (defendant was charged under K.S.A. 2000 Supp. 8-1567; substantive amendments by the legislature in 2001 to the DUI statutes are not relevant to the issues in this appeal). The district court imposed the maximum imprisonment sentence of 12 months. After serving the mandatory minimum of 90 days in jail, Anthony filed a motion to modify his sentence by granting him probation. Following a hearing, the district court found it lacked jurisdiction…