State v. Priest

The opinion of the court was delivered by

Lockett, J.:

Defendant Carol Priest, who had completed one DUI diversion program and pled nolo contendere to a second DUI charge, was sentenced as a first-time DUI offender because the record of the prior diversion agreement failed to show that she had been advised of her right to legal counsel or that she had given a valid waiver of that right. The State appeals the sentencing pursuant to K.S.A. 22-3602(b)(3).

On October 19, 1983, the defendant, Carol A. Priest, entered a diversion program with the City of Topeka in lieu of further criminal proceedings…