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STATE v. ANTHONY

No. 87,373.

30 Kan. App.2d 427 (2002)

42 P.3d 207

STATE OF KANSAS, Appellee, v. MICHAEL J. ANTHONY, Appellant.

Court of Appeals of Kansas.

Opinion filed March 15, 2002.

Attorney(s) appearing for the Case

Sarah Ellen Johnson, assistant appellate defender, and Steven R. Zinn, deputy appellate defender, for appellant.

Richard A. Olmstead, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before PIERRON, P.J., JOHNSON, J., and BUCHELE, S.J.

JOHNSON, J.:

Michael J. Anthony pled guilty to a third offense of driving under the influence of alcohol (DUI), in violation of what is now K.S.A. 8-1567 (defendant was charged under K.S.A. 2000 Supp. 8-1567; substantive amendments by the legislature in 2001 to the DUI statutes are not relevant to the issues in this appeal). The district court imposed the maximum imprisonment sentence of 12 months. After serving the mandatory minimum of 90 days in jail, Anthony filed...

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