427 P.3d 47
Kan.2018Background
- Defendant Stephanie R. Lamone was charged in 2014 with felony DUI under K.S.A. 2017 Supp. 8-1567 based on two prior Wichita municipal DUI convictions (2010 and 2011).
- Wichita Municipal Ordinance (W.M.O.) 11.38.150 then prohibited operating a "vehicle" while impaired, with a broader definition of "vehicle" than the state DUI statute and included various proof methods.
- Lamone moved to dismiss, arguing the municipal DUIs could not be used to enhance a state DUI sentence because the ordinance prohibited a broader range of conduct than the statute.
- The district court denied the motion after reviewing municipal records and convicted Lamone at a bench trial on stipulated facts; it also counted the Wichita DUIs in her criminal history at sentencing.
- The Kansas Court of Appeals vacated Lamone’s sentence and remanded for resentencing, holding the municipal convictions could not be used under the state enhancement statute.
- The Kansas Supreme Court granted review and, relying on its prior holding in State v. Gensler, affirmed the Court of Appeals, vacating the sentence and remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wichita municipal DUI convictions may be counted as prior convictions under K.S.A. 2017 Supp. 8-1567 | State: municipal convictions qualify as prior DUIs for enhancement | Lamone: Wichita ordinance is broader than state statute, so convictions under it do not "prohibit the acts that [K.S.A. 8-1567] prohibits" and cannot be counted | Court: Municipal convictions under W.M.O. 11.38.150 (as written then) cannot be used to enhance under K.S.A. 2017 Supp. 8-1567 (Gensler controls) |
Key Cases Cited
- State v. Gensler, 308 Kan. 674, 423 P.3d 488 (Kan. 2018) (municipal ordinance’s broader definition of "vehicle" prevents municipal DUI from counting under state enhancement statute)
- State v. Fisher, 308 Kan. 715, 423 P.3d 528 (Kan. 2018) (related clarifying authority addressing municipal/state DUI conviction compatibility)
- State v. Mears, 308 Kan. 719, 423 P.3d 467 (Kan. 2018) (related decision on municipal DUI convictions and state enhancement statute)
- State v. Lamone, 54 Kan. App. 2d 180, 399 P.3d 235 (Kan. Ct. App. 2017) (Court of Appeals vacated sentence and remanded, holding municipal DUIs could not be used for enhancement)