State v. Webb

Green, J.:

Having been convicted twice of driving while under the influence of alcohol (DUI) within the past five years, Richard Webb, Jr., pled no contest and was convicted for the third time of DUI. Instead of sentencing Webb under the Kansas Sentencing Guidelines Act (KSGA), as the State requested, the trial court chose to sentence Webb to 120 days under K.S.A. 1993 Supp. 8-1567(f). The State appeals, contending the trial court should have sentenced Webb under the KSGA. We disagree and dismiss for lack of jurisdiction.

First, because the appeal was filed after the 10 day limitation of K.S.A.…