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STATE v. CAMPBELL

Nos. 55,783, 56,306 Consolidated

9 Kan. App. 2d 474 (1984)

681 P.2d 679

STATE OF KANSAS, Appellee, v. EMERY CAMPBELL, Appellant.

Court of Appeals of Kansas.

Opinion filed May 17, 1984.

Attorney(s) appearing for the Case

John A. McKinnon, of Topeka, for the appellant.

Samuel L. Schuetz, county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before FOTH, C.J., PARKS and BRISCOE, JJ.

FOTH, C.J.:

Emery Campbell was convicted of driving under the influence of alcohol and transporting an open container of liquor in April, 1983. In August he was again convicted of DUI. In each case he was sentenced as a third offender under K.S.A. (now 1983 Supp.) 8-1567(e). His appeals in each case were consolidated for decision.

In each case he challenges 8-1567(a) as being void for vagueness. He argues that the average person cannot know what...

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