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MUSICK v. KANSAS DEPT. OF REVENUE

No. 66,048

16 Kan. App. 2d 462 (1992)

825 P.2d 531

CRAIG T. MUSICK, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Kansas.

Opinion filed February 7, 1992.

Attorney(s) appearing for the Case

J.D. Befort, legal intern, and Brian Cox, of the Kansas Department of Revenue, for the appellant.

Terry E. Beck, of Topeka, for the appellee.

Before BRISCOE, C.J., GERNON, J., and PHILIP L. SIEVE, District Judge, assigned.

BRISCOE, C.J.:

The Department of Revenue appeals from the district court's finding that Craig Musick's prior Uncounseled conviction of driving while under the influence could not be used as a basis for extending the period of his driver's license suspension under K.S.A. 1989 Supp. 8-1014.

Musick was arrested for DUI on June 23, 1985, and entered into a diversion agreement on July 16, 1985. He was not represented by counsel when he entered into the diversion...

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