STATE v. PENDLETON

No. 68,390

18 Kan. App. 2d 179 (1993)

849 P.2d 143

STATE OF KANSAS, Appellee, v. AUBREY PENDLETON, Appellant.

Court of Appeals of Kansas.

Opinion filed March 26, 1993.


Attorney(s) appearing for the Case

Richard T. Merker and John M. Ross, of Wallace, Saunders, Austin, Brown, and Enochs, Chartered, of Overland Park, for appellant.

Linda S. Mock, assistant county attorney, Gunnar A. Sundby, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before LEWIS, P.J., LARSON, J., and E. NEWTON VICKERS, District Judge Retired, assigned.


LARSON, J.:

Aubrey J. Pendleton appeals his bench trial conviction of having a blood alcohol concentration of .10 or more within two hours of operating a motor vehicle in violation of K.S.A. 8-1567(a)(2).

On October 12, 1991, Pendleton and a friend, Billy Davidson, were driving to Leavenworth, Kansas, on a sparsely traveled gravel road in Atchison County. Pendleton was driving. Davidson began joking with him and then, at some point, grabbed Pendleton's arm...

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