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STATE v. SHAW

No. 95,936.

154 P.3d 524 (2007)

STATE of Kansas, Appellee, v. Ryan N. SHAW, Appellant.

Court of Appeals of Kansas.

March 30, 2007.

Attorney(s) appearing for the Case

Daniel C. Walter, of Ryan, Walter & McClymont, Chtd., of Norton, for appellant.

Justin A. Barrett, assistant county attorney, and Phill Kline, attorney general, for appellee.

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

GREEN, P.J.

Ryan Shaw appeals his conviction and sentence for felony driving under the influence of alcohol under K.S.A.2006 Supp. 8-1567 as a third-time offender. First, Shaw argues that the trial court should have granted his motion to dismiss because the State failed to prove at the preliminary hearing that he had two prior convictions for driving under the influence of alcohol (DUI), a necessary element of felony DUI as a third-time offender. Because Shaw failed...

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