State v. Binkley

Bacon, J.;

Walter Binkley entered a plea of guilty to his third offense of driving while under the influence arising out of an incident that occurred on September 29, 1993. He appeals his sentence, arguing the trial court erred in imposing a one-year sentence pursuant to K.S.A. 1993 Supp. 8-1567(f) rather than sentencing him under the Kansas Sentencing Guidelines Act, K.S.A. 1993 Supp. 21-4701 et seq.

K.S.A. 1993 Supp. 8-1567(f) provides that a third or subsequent conviction of driving while under the influence constitutes a severity level 9, nonperson felony, but also provides a sentence of…