State v. Bussart-Savaloja

Greene, J.;

Deann Bussart-Savaloja appeals her conviction of operating a vehicle while under the influence of alcohol (DUI), arguing (i) a delay in the appeal process violated her due process rights; (ii) K.S.A. 8-1001(i), allowing admission into evidence of a refusal to submit to a blood test, is unconstitutional under the Fourth Amendment to the United States Constitution; and (in) the enhancement of her sentence by reason of a prior conviction violated Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000). We conclude that the delay in the appeal process may have…