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STATE v. PERKINS

No. 103,735.

290 P.3d 636 (2012)

STATE of Kansas, Appellee, v. Thomas PERKINS, Appellant.

Supreme Court of Kansas.

December 21, 2012.

Attorney(s) appearing for the Case

Joanna Labastida , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

R. Douglas Sebelius , county attorney, argued the cause, and Steve Six , attorney general, was with him on the brief for appellee.

MORITZ, J.:

We granted Thomas Perkins' petition for review of the Court of Appeals' decision affirming his conviction for driving under the influence of alcohol (DUI). Perkins claims he was deprived of his right to a unanimous jury verdict because the State charged him with alternative means of committing DUI, the jury was instructed on both means, and the State failed to present sufficient evidence to establish both means on which the jury was instructed.

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