State v. Ryherd, 108044.
| Court | Court of Appeals of Kansas |
| Writing for the Court | PER CURIAM. |
| Citation | 342 P.3d 1 (Table) |
| Parties | STATE of Kansas, Appellee, v. James D. RYHERD, Appellant. |
| Docket Number | No. 108044.,108044. |
| Decision Date | 16 January 2015 |
342 P.3d 1 (Table)
STATE of Kansas, Appellee
v.
James D. RYHERD, Appellant.
No. 108044.
Court of Appeals of Kansas.
Jan. 16, 2015.
Randall L. Hodgkinson, of Kansas Appellate Defender Office, for appellant.
Shawn M. Boyd, assistant district attorney, Jerome A. Gorman, district attorney, and Derek Schmidt, attorney general, for appellee.
Before LEBEN, P.J., GREEN and STANDRIDGE, JJ.
MEMORANDUM OPINION
PER CURIAM.
James Ryherd was charged with a third-offense DUI for events occurring on June 16, 2010. Ryherd pled guilty to the charge and stipulated that he had two prior DUI offenses from 1987 and 2001. Ryherd asked the district court to apply a July 2011 amendment to the Kansas DUI statute to his case. This would have made the 2010 offense a first-offense DUI—a misdemeanor rather than a felony. But the district court denied the motion, and this court affirmed its decision.
On October 20, 2014, the Kansas Supreme Court vacated our earlier decision in this case and remanded it to us for reconsideration in light of State v. Reese, 300 Kan. 650, Syl., 333 P.3d 149 (2014). The Reese court held that the provision Ryherd sought to apply, K.S.A.2011 Supp. 8–1567(j)(3), providing that convictions before July 1, 2001, should not be counted, applies to all persons who are sentenced for DUI on or after July 1, 2011, the effective date of the amended statute. 333 P.3d at 154. Ryherd was sentenced in November 2011, so his offenses from 1987 and March 2001 cannot be counted. We therefore vacate Ryherd's sentence and remand to the district court for resentencing in conformity with Reese.
On August 5, 2010, the State charged Ryherd with operating a vehicle while under the influence of alcohol. Ryherd pled guilty to a DUI offense and reserved his right to argue whether the conviction should be classified as a felony or a misdemeanor. At sentencing, Ryherd requested that the court apply K.S.A.2011 Supp. 8–1567, which was amended in 2011 so that DUI convictions before July 1, 2001, would not count to increase a defendant's sentence.
This court originally affirmed the...
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