State v. Frazier

The opinion of the court was delivered by

Allegrucci, J.:

This is an appeal by the State of Kansas on a question reserved pursuant to K.S.A. 22-3602(b)(3). The question is whether a minor 17 years of age, who is convicted a third time for driving with a suspended license, a class E felony, is subject to the mandatory sentence of five days in prison, as required by K.S.A. 1990 Supp. 8-262(a)(3).

The facts are not in dispute. Defendant was arrested in March 1990 and charged with five traffic offenses, including driving with a suspended driver’s license, while having two prior convictions for the…