STATE v. WHILLOCK

No. 97,244.

168 P.3d 56 (2007)

STATE of Kansas, Appellee, v. Mearl E. WHILLOCK, II, Appellant.

Court of Appeals of Kansas.

September 7, 2007.


Attorney(s) appearing for the Case

J. Patrick Lawless, Jr., of Kansas Appellate Defender Office, for appellant.

Michael C. Hayes, county attorney, and Paul J. Morrison, attorney general, for appellee.

Before GREEN, P.J., ELLIOTT and HILL, JJ.


ELLIOTT, J.

Mearl E. Whillock, II, appeals from the sentence imposed following his no contest plea to a third felony charge of driving under the influence (DUI). We reverse in part, vacate the sentence, and remand with directions.

Responding to a report of an intoxicated person leaving the Oskaloosa Thiftway in a silver Dodge pickup, a sheriff's officer saw Whillock driving a silver pickup out of the parking lot. Detective Kirk Vernon placed his patrol car...

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