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STATE v. DUNCAN

No. 102,356.

242 P.3d 1271 (2010)

STATE of Kansas, Appellee, v. James DUNCAN, Jr., Appellant.

Court of Appeals of Kansas.

November 19, 2010.

Attorney(s) appearing for the Case

Carl F.A. Maughan and Catherine A. Zigtema , of Maughan & Maughan LC, of Wichita, for appellant.

Boyd K. Isherwood , assistant district attorney, Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, for appellee.

Before GREENE, P.J., GREEN and STANDRIDGE, JJ.

STANDRIDGE, J.

James Duncan, Jr., was convicted of driving under the influence (DUI) of alcohol to an extent that rendered him incapable of safely driving a vehicle, in violation of K.S.A. 2006 Supp. 8-1567(a)(3) and (e) (second offense) and failure to illuminate headlights when required, in violation of K.S.A.2006 Supp. 8-1703(a)(1). This is his direct appeal.

FACTS

On January 19, 2007, at approximately 11:06 p.m., Deputy Justin Crafton of the Sedgwick...

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