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State v. Castillo

Court of Appeals of Kansas

June 9, 2017

State of Kansas, Appellee,
v.
Bonnie L. Castillo, Appellant.

         SYLLABUS BY THE COURT

         1. A challenge to a district court's subject matter jurisdiction may be raised for the first time on appeal.

         2. Kansas' DUI law, K.S.A. 2016 Supp. 8-1567, is a self-contained criminal statute, which means that all essential components of the crime, including the elements, severity levels, and applicable sentences, are included within the statute.

         3. DUI sentences are not calculated pursuant to the Kansas Sentencing Guidelines Act.

         4. Kansas statutes show legislative intent that the Secretary of Corrections no longer supervise DUI offenders post-incarceration.

         5. Inmates on postrelease supervision remain in the legal custody of the Secretary of Corrections and are subject to the orders of the Secretary. In contrast, DUI offenders are on postimprisonment supervision and they remain subject to the jurisdiction of the district court.

         6. When a DUI offender violates the conditions of postimprisonment supervision, a district court has the discretion to revoke that supervision and to impose additional jail time.

         Appeal from Sedgwick District Court; Christopher M. Magana, judge. Affirmed.

          Carl F.A. Maughan, of Maughan Law Group LC, of Wichita, for appellant.

          Lance J. Gillett, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, for appellee.

          Before Leben, P.J., Gardner, J., and Walker, S.J.

          Gardner, J.

         This appeal asks whether the district court has the authority to revoke the postimprisonment supervision of offenders convicted of felony DUI. The district court found that it had the authority to do so, then revoked Bonnie L. Castillo's supervision and remanded her to jail. We affirm.

         Factual and Procedural Background

         Castillo's underlying convictions relevant to this case are two convictions for driving under the influence (DUI). On October 4, 2013, Castillo drank a fifth of bourbon then drove to the liquor store to purchase more. While driving home, she was arrested for DUI and admitted that she was intoxicated to the extent that she could not safely operate her vehicle. Six days later, on October 10, 2013, nearly the same events occurred- Castillo drank a fifth of bourbon over a 3-hour period, then drove to the liquor store and purchased another fifth of bourbon. While driving home, Castillo was arrested for DUI and she admitted that she was intoxicated to the extent that she could not safely operate her vehicle.

         Castillo's criminal history at the time included the following: 10 DUIs, a pedestrian under the influence, two counts of transporting an open container, weapons charges, drug charges, escape from custody, batteries, thefts, robbery, fleeing and attempting to elude, and other charges. Pursuant to a plea agreement, Castillo pleaded guilty to both counts of driving under the influence, and the State recommended that Castillo be sentenced to two consecutive 1-year sentences. For each count of DUI, the district court sentenced Castillo to a 1-year ...


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