State v. Mears
Annotate this Case
As detailed in the Supreme Court’s decision in State v. Gensler, __ P.3d __, also decided this day, the Supreme Court held that a conviction based on a Wichita ordinance prohibiting operation of a vehicle under certain circumstances cannot be used to enhance a sentence for a conviction for driving under the influence (DUI) under Kan. Stat. Ann. 8-1567 because the Wichita ordinance prohibits a broader range of conduct than the Kansas statute.
Defendant’s sentence for DUI was based on two prior convictions for DUI, one of which was a Wichita Municipal Court conviction. The Supreme Court vacated Defendant’s sentence and remanded the case to the district court for resentencing, holding (1) Gensler was dispositive in this case and compelled a decision in Defendant’s favor; and (2) Defendant’s Wichita municipal DUI could not be used for sentencing purposes for his current DUI prosecuted under section 8-1567.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.