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STATE v. FRAZIER

No. 65609.

811 P.2d 1240 (1991)

248 Kan. 963

STATE of Kansas, Appellant, v. Robert A. FRAZIER, Appellee.

Supreme Court of Kansas.

May 24, 1991.

Attorney(s) appearing for the Case

Leo T. Gensweider, County Atty., argued the cause, and Robert T. Stephan, Atty. Gen., was with him, on the brief, for appellant.

Lucille Marino, Asst. Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, was with her, on the brief, for appellee.

ALLEGRUCCI, Justice:

This is an appeal by the State of Kansas on a question reserved pursuant to K.S.A. 22-3602(b)(3). The question is whether a minor 17 years of age, who is convicted a third time for driving with a suspended license, a class E felony, is subject to the mandatory sentence of five days in prison, as required by K.S.A.1990 Supp. 8-262(a)(3).

The facts are not in dispute. Defendant was arrested in March 1990 and charged with five traffic offenses...

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