State v. Herman, 324 P.3d 1134

State of Kansas appeals a question reserved on counting a 2004 Missouri DWI as a prior conviction for sentencing Herman under Kansas 8-1567.
Herman cross-appeals the suppression ruling and contests the district court’s handling of pre-2001 convictions and retroactive look-back provisions.
District court excluded the 1996 Kansas City, Kansas DUI conviction but admitted the 1991 diversion and excluded the 2004 Missouri DWI on comparability grounds.
District court counted the 1991 diversion as a prior conviction, and sentenced Herman as a second offender under 8-1567.
State filed a notice of appeal; Herman filed a cross-appeal arguing suppression, look-back, and sentencing issues; the court ultimately dismisses the State’s question reserved while treating the cross-appeal as properly filed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Missouri 2004 DWI may be counted as a prior conviction for penalty determination	Herman	State	State’s issue reserved—dismissed; question no longer statewide
Whether Herman’s cross-appeal is jurisdictionally proper	Herman	State	Cross-appeal jurisdiction established under 60-2103(h) and 22-3606; cross-appeal affirmed
Whether retroactive application of 2011/2012 amendments limits prior convictions to post-2001 offenses	Herman	State	8-1567(j)(3) not retroactive; 1991 diversion counted; no retroactive relief

State v. Tremble, 279 Kan. 391 (Kan. 2005) (statewide-interest limitation for questions reserved; not entertained without statewide impact)
State v. Berreth, 294 Kan. 98 (Kan. 2012) (framework for reserved questions and prospective handling of jurisdictional issues)
State v. Reese, 48 Kan. App. 2d 87 (Kan. App. 2012) (retroactive treatment of statutes under similar look-back provisions)
State v. Huff, 33 Kan. App. 2d 942 (Kan. App. 2005) (probable cause sufficiency for DUI conviction without breath test results)
State v. Sloop, 296 Kan. 13 (Kan. 2012) (probable cause at time of arrest; distinction from post-arrest tests)