STATE v. SHUSTER

No. 66,568

17 Kan. App. 2d 8 (1992)

829 P.2d 925

STATE OF KANSAS, Appellee, v. MICHAEL H. SHUSTER, Appellant.

Court of Appeals of Kansas.

Opinion filed April 17, 1992.


Attorney(s) appearing for the Case

Elizabeth Sterns, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Darrell L. Smith, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRISCOE, C.J., ELLIOTT and PIERRON, JJ.


ELLIOTT, J.:

Michael Shuster appeals the imposition of an $800 fine, exceeding the statutory mandatory minimum of $500, following a guilty plea to driving while under the influence. K.S.A. 8-1567.

We vacate the fine and remand.

The facts are essentially undisputed. At the time defendant pled guilty, it was believed to have been his third offense. In return for the guilty plea, the State agreed to recommend the minimum fine for a third conviction (...

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