STATE v. BOOZE

Nos. 58,004 and 58,005

238 Kan. 551 (1986)

712 P.2d 1253

STATE OF KANSAS, Appellee, v. LAWRENCE N. BOOZE, Appellant.

Supreme Court of Kansas.

Opinion filed January 17, 1986.


Attorney(s) appearing for the Case

Daniel E. Monnat, of Fisher & Monnat, of Wichita, argued the cause, and Stanley Spurrier, III, of the same firm, was with him on the brief for the appellant.

Kimberly Gee Vines, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Clark V. Owens, district attorney, were with her on the brief for the appellee.


The opinion of the court was delivered by

SCHROEDER, C.J.:

Lawrence N. Booze (defendant-appellant) appeals his sentence as a second offender for driving under the influence of alcohol. K.S.A. 1983 Supp. 8-1567(d). The defendant contends that a conviction on the first offense did not precede the commission of the second offense; therefore, the "sequential relationship" requirement of State v. Osoba, 234 Kan. 443,

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