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STATE v. KNOFF

No. 72,640.

22 Kan. App.2d 85 (1996)

911 P.2d 822

STATE OF KANSAS, Appellee, v. JAMES K. KNOFF, Appellant.

Court of Appeals of Kansas.

Opinion filed February 16, 1996.

Attorney(s) appearing for the Case

Casey J. Cotton, of Cotton & Cotton, of Wichita, for appellant.

Charles R. Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before ROYSE, P.J., GERNON and PIERRON, JJ.

ROYSE, J.:

James Knoff appeals the district court's determination that he is a habitual violator as defined by K.S.A. 8-285. He contends he did not have three convictions within the required period, because he entered into a diversion agreement more than 5 years before his last qualifying DUI conviction.

This appeal presents a question of first impression. At issue is the construction of K.S.A. 8-285(b), which contains a definition of "conviction" for purposes...

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