BY THE COURT
challenge to a district court's subject matter
jurisdiction may be raised for the first time on appeal.
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.
sentences are not calculated pursuant to the Kansas
Sentencing Guidelines Act.
Kansas statutes show legislative intent that the Secretary of
Corrections no longer supervise DUI offenders
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.
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.
from Sedgwick District Court; Christopher M. Magana, judge.
F.A. Maughan, of Maughan Law Group LC, of Wichita, for
J. Gillett, assistant district attorney, Marc Bennett,
district attorney, and Derek Schmidt, attorney general, for
Leben, P.J., Gardner, J., and Walker, S.J.
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.
and Procedural Background
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.
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