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STATE v. KEY

No. 104,651.

323 P.3d 174 (2014)

STATE of Kansas, Appellee, v. Sean Aaron KEY, Appellant.

Court of Appeals of Kansas.

April 18, 2014.

Attorney(s) appearing for the Case

Michael S. Holland II , of Holland and Holland, of Russell, for appellant.

David J. Basgall , assistant county attorney, and Derek Schmidt , attorney general, for appellee.

Before ARNOLD-BURGER, P.J., McANANY, J., and ERNEST L. JOHNSON, District Judge Retired, assigned.

ARNOLD-BURGER, J.

Sean Aaron Key was convicted of a third time driving under the influence (DUI), a felony level offense. Prior to sentencing he objected to his criminal history and challenged one of his prior misdemeanor DUI convictions as unlawful. He proffered that his attorney pled to the charge without Key being present and without Key's authority. The district court found that this was an impermissible collateral attack...

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