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STATE v. PETERSON

No. 86,017.

29 Kan. App.2d 792 (2001)

31 P.3d 317

STATE OF KANSAS, Appellee, v. WILLIAM PETERSON, Appellant.

Court of Appeals of Kansas.

Opinion filed September 14, 2001.

Attorney(s) appearing for the Case

Kathryn B. Wall, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Robin A. Graham, assistant county attorney, and Carla J. Stovall, attorney general, for appellee.

Before KNUDSON, P.J., MARQUARDT, J., and WAHL, S.J.

KNUDSON, J.:

The defendant, William Peterson, spent 4 days, 3 hours, and 12 minutes in jail prior to imposition of sentence as a second-time offender for driving under the influence of alcohol, contrary to K.S.A. 2000 Supp. 8-1567(a). The issue on appeal is whether his pre-conviction jail time should be credited against the mandatory minimum of "at least five consecutive days' imprisonment" required in K.S.A. 2000 Supp. 8-1567(e). We affirm the district court's determination...

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