State v. Mburu

Arnold-Burger, J.:

David Mbugua Mbura is charged with the refusal to submit to alcohol or drag testing at a time when he had a prior driving under the influence (DUI) conviction or diversion. See K.S.A. 2013 Supp. 8-1025(a)(2). Mbura stipulated to a prior DUI conviction; however, the district court determined that the stipulation would not be presented to the jury because its prejudicial effect outweighed its probative value. Instead, the district court determined that it would provide the jury with an elements instruction that excluded the stipulated element. The State filed this…