The opinion of the court was delivered by
LOCKETT, J.:
Defendant Carol Priest, who had completed one DUI diversion program and pled nolo contendere to a second DUI charge, was sentenced as a first-time DUI offender because the record of the prior diversion agreement failed to show that she had been advised of her right to legal counsel or that she had given a valid waiver of that right. The State appeals the sentencing pursuant to K.S.A. 22-3602(b)(3).
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