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STATE v. SLIMMER

No. 92,232.

33 Kan.App. 2d 682 (2005)

107 P.3d 1245

STATE OF KANSAS, Appellee, v. MATTHEW L. SLIMMER, Appellant.

Court of Appeals of Kansas.

Petition for review denied September 29, 2005.

Attorney(s) appearing for the Case

Teresa L. Sittenauer and James P. Nordstrom, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for appellant.

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

Before HILL, P.J., MALONE and GREENE, JJ.

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

MALONE, J.:

Matthew L. Slimmer was convicted of driving under the influence of alcohol (DUI) and was sentenced as a second offender pursuant to K.S.A. 2004 Supp. 8-1567(m)(3). This section, as amended in 2001, provides that any convictions occurring during a person's lifetime shall be taken into account when determining the sentence to be imposed for a DUI offense. Prior to the amendment, only convictions...

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