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STATE v. AREHART

No. 70,157

19 Kan. App. 2d 879 (1994)

878 P.2d 227

STATE OF KANSAS, Appellee, v. ROBERT J. AREHART, Appellant.

Court of Appeals of Kansas.

Opinion filed July 29, 1994.

Attorney(s) appearing for the Case

F. Charles Dunlay, of Overland Park, for appellant.

George E. Scamman, assistant district attorney, Nick A. Tomasic, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before GREEN, P.J., BRAZIL J., and DAVID L. THOMPSON, District Judge, assigned.

THOMPSON, J.:

Robert Arehart, defendant, appeals his conviction of driving while under the influence of alcohol, contending the trial court applied the wrong legal standard, erroneously took judicial notice, applied the wrong burden of proof, and had no substantial competent evidence to support the conviction.

On September 26, 1992, Officer Larry Roland of the Kansas Highway Patrol saw defendant leave a liquor store with a brown paper sack in his hand. Defendant...

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