State v. Garton

Abbott, J.:

This is an appeal by the defendant, Richard A. Garton, from having been declared a habitual violator as prescribed by K.S.A. 8-286. Defendant appeals on the premise that the county attorney did not forthwith commence prosecution following the receipt of defendant’s abstract of convictions from the Motor Vehicle Department as required by K.S.A. 8-286.

Defendant was convicted in Lane County, Kansas, on September 22, 1976, on three counts of driving while intoxicated. The crimes occurred on May 11, May 21, and June 7 of that year, and were the most recent in a long series of…