State of Kansas v. Kevin Wakaba Mwaura

Olathe, Kansas criminal defense lawyer represented the Defendant charged with DUI.



Defendant Kevin Wakaba Mwaura appeals the decision of the Johnson County District Court to revoke his probation in this felony driving under the influence case. The district court originally granted Mwaura a downward dispositional departure to probation, despite his previous convictions. The district court revoked Mwaura's probation after imposing one intermediate sanction and again finding that he violated the terms of his probation. Mwaura challenges the district court's order that he serve a 32-month prison sentence as an abuse of judicial discretion and contends his probation should have been continued so he could reengage in community-based treatment for alcohol abuse.



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Legal issue Can the district court revoke probation and impose a prison sentence for repeated probation violations despite the defendant's request to continue treatment for alcohol abuse?



Key Phrases Probation revocation. Felony driving under the influence. Substance abuse evaluation. Intermediate sanction. Abuse of discretion.

Affirmed