STATE v. HERMAN

No. 108,902.

324 P.3d 1134 (2014)

STATE of Kansas, Appellant/Cross-appellee, v. Sherry K. HERMAN, Appellee/Cross-appellant.

Court of Appeals of Kansas.

May 16, 2014.


Attorney(s) appearing for the Case

Michael C. Duma and Christopher Mann , assistant district attorneys, Jerome A. Gorman , district attorney, and Derek Schmidt , attorney general, for appellant/cross-appellee.

Edward C. Gillette and Grant M. Reichert , of Gillette Law Firm, P.A., of Mission, for appellee/cross-appellant.

Before PIERRON, P.J., POWELL, J., and LARSON, S.J.


LARSON, J.

The State of Kansas appeals on a question reserved the district court's determination that Sherry Herman's 2004 conviction under Mo.Rev.Stat. (2003) § 577.010 for driving while intoxicated could not be counted as a prior conviction under Kansas law in determining the penalty for Herman's current conviction for driving under the influence of alcohol (DUI) under K.S.A.2010 Supp. 8-1567.

Herman cross-appeals the district court's ruling on the...

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