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STATE v. MARTINEZ

No. 82,217.

268 Kan. 21 (1999)

988 P.2d 735

STATE OF KANSAS, Appellant, v. JOSE RAMON MARTINEZ, Appellee.

Supreme Court of Kansas.

Opinion filed September 24, 1999.

Attorney(s) appearing for the Case

Julie A. Fletcher, assistant county attorney, argued the cause, and Carla J. Stovall, attorney general, was with her on the brief for appellant.

Andrew L. Warren, of Patton, Kerbs & Hess, of Dodge City, argued the cause, and Leslie A. Hess, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The State appeals the district court's dismissal of a felony count of driving under the influence (DUI) in the complaint after finding that the felony provision of K.S.A. 1998 Supp. 8-1567(f), for a third DUI conviction, is unconstitutional.

Defendant Jose Martinez, who had two previous DUI convictions, was charged with DUI and driving while his license was suspended. Prior to trial, Martinez filed...

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