(Download) "State v. Masterson" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Masterson
- Author : Supreme Court of Kansas
- Release Date : January 06, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by This is a statutory interpretation case arising from defendant Donald Masterson's conviction, under K.S.A. 1995 Supp. 8-1567, of driving under the influence of alcohol (DUI). After a trial to the court, Masterson was convicted of a class B misdemeanor for a first-time offense. His sentence of 6 months was suspended for 2 years, conditioned on payment of the docket fee, fine, probation fee, and the recommendations of an alcohol evaluation. He was given credit for the 5 days he spent in the county jail before trial against the mandatory 48 consecutive hours' imprisonment. The State appeals on a question reserved under K.S.A. 22-3602 (b)(3), arguing that Masterson should have been convicted of a class A misdemeanor (second offense under K.S.A. 1995 Supp. 8-1567) and sentenced accordingly, due to a prior DUI diversion. The State was not aware of the prior offense at the time Masterson was charged.
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