Supreme Court of Kansas October 31, 1986, 59,147 (State v. Kitzman)

The opinion of the court was delivered by

Herd, J.:

The state appeals pursuant to K.S.A. 22-3602(b)(3) upon a question reserved at the appellee Robert A. Kitzman’s sentencing hearing on February 6,1986. The facts are as follows:

On June 13, 1985, Robert Kitzman pled no contest to the charge of driving under the influence of alcohol or drugs. K.S.A. 1984 Supp. 8-1567.