[Download] "State v. Osoba" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Osoba
- Author : Supreme Court of Kansas
- Release Date : January 02, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The opinion of the court was delivered by Barbara E. Osoba (defendant-appellant) appeals her sentence as a second offender for driving under the influence of alcohol (K.S.A. 8-1567[d]). The conviction of the first offense did not precede commission of the offense for which the appellant was before the trial court for sentencing; therefore, she claims first offender status. On October 30, 1982, the appellant was cited for driving under the influence of alcohol in Sumner County, Kansas. On December 5, 1982, she was again cited for driving under the influence of alcohol in Sedgwick County, Kansas. On January 27, 1983, Mrs. Osoba entered a plea of guilty on the Sedgwick County citation and was awaiting sentence as the Sumner County action proceeded to trial. The appellant waived her right to jury trial in Sumner County and entered a guilty plea February 9, 1983. At a hearing on February 14, 1983, the appellant moved that she be sentenced as a first offender under K.S.A. 8-1567(c). The court denied the motion and sentenced her as a second offender, imposing a $500 fine and ninety days in the county jail plus costs.