STATE v. BINKLEY

No. 71,536

20 Kan. App. 2d 999 (1995)

STATE OF KANSAS, Appellee, v. WALTER F. BINKLEY, Appellant.

Court of Appeals of Kansas.

Opinion filed April 28, 1995.


Attorney(s) appearing for the Case

Edward G. Collister, Jr., special appellate defender, and Stephan R. Zinn, deputy appellate defender, for the appellant.

Jeff Elder, county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before PIERRON, P.J., LEWIS, J., and CAROL BACON, District Judge, assigned.


BACON, J.:

Walter Binkley entered a plea of guilty to his third offense of driving while under the influence arising out of an incident that occurred on September 29, 1993. He appeals his sentence, arguing the trial court erred in imposing a one-year sentence pursuant to K.S.A. 1993 Supp. 8-1567(f) rather than sentencing him under the Kansas Sentencing Guidelines Act, K.S.A. 1993 Supp. 21-4701 et seq.

K.S.A. 1993 Supp. 8-1567(f) provides that a third...

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