STATE v. MARTIN

No. 63,347

14 Kan. App. 2d 138 (1989)

783 P.2d 1316

STATE OF KANSAS, Appellee, v. MICHAEL L. MARTIN, Appellant.

Court of Appeals of Kansas.

Opinion filed December 22, 1989.


Attorney(s) appearing for the Case

Charles A. O'Hara, of O'Hara, O'Hara & Tousley, of Wichita, for appellant.

Thomas J. Robinson, assistant district attorney, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before LEWIS, P.J., ELLIOTT and RULON, JJ.


Petition for review denied 246 Kan. 769 (1990).

RULON, J.:

Michael L. Martin, defendant, appeals the district court's finding that, as a matter of law, he could not serve the 90 days of imprisonment required under K.S.A. 1988 Supp. 8-1567(f) in a work release facility. We affirm.

The facts in this case are undisputed. On November 7, 1988, Martin entered a plea of guilty to driving under the influence of alcohol (DUI), contrary to K.S.A. 1988 Supp....

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