STATE v. KELLY

No. 63,598

14 Kan. App. 2d 182 (1990)

786 P.2d 623

STATE OF KANSAS, Appellee, v. GREGORY EUGENE KELLY, Appellant.

Court of Appeals of Kansas.

Opinion filed January 26, 1990.


Attorney(s) appearing for the Case

Philip B. Journey, of Law Offices of Mike Roach, Chtrd., of Wichita, for the appellant.

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

Before DAVIS, P.J., BRISCOE and LARSON, JJ.


BRISCOE, J.:

Defendant Gregory Kelly appeals his jury conviction of driving under the influence of alcohol, in violation of K.S.A. 1987 Supp. 8-1567. Although 8-1567 was amended in both 1988 and 1989, those amendments, while significant, are not germane to the issue in this case.

The sole issue presented is whether defendant was denied his statutory right to consult with counsel as provided in K.S.A. 1987 Supp. 8-1001(f)(1)(E), and, if he was denied counsel...

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