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STATE v. SHELINBARGER

No. 91,821.

33 Kan.App. 2d 678 (2005)

108 P.3d 445

STATE OF KANSAS, Appellee, v. STEVEN T. SHELINBARGER, Appellant.

Court of Appeals of Kansas.

Petition for review denied September 29, 2005.

Attorney(s) appearing for the Case

Kevin P. Shepherd, of Topeka, for appellant.

Deborah L. Hughes, assistant district attorney, Robert D. Hecht, district attorney, and Phill Kline, attorney general, for appellee.

Before MARQUARDT, P.J., MALONE and CAPLINGER, JJ.

Petition for review denied 280 Kan. ___ (September 29, 2005).

CAPLINGER, J.:

Steven T. Shelinbarger was convicted by a jury of driving under the influence of alcohol (DUI) and was sentenced as a third-time offender. Shelinbarger appeals, arguing the district court illegally enhanced his sentence by considering a 1991 DUI diversion as a prior DUI conviction. We affirm, rejecting defendant's argument that K.S...

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