On Friday, Jan. 13, Gavin Allen was back in District Court for sentencing. Last September, a Barton County jury convicted Allen of Felony DUI and Transporting an Open Container.
At sentencing, Allen was assigned a criminal history score of “A” which is the highest score possible under Kansas sentencing laws and this was Allen’s fourth DUI conviction in the last nine years.
Allen was subject to two special sentencing rules. The first applies to felony DUIs; however, the second applied because Allen was on parole for a Sedgwick County case when he committed the Barton County DUI.
The maximum possible sentence for a Felony DUI conviction is one year in the county jail with no entitlement or presumption of probation and a mandatory fine of $2,500. The minimum sentence for a Felony DUI conviction is 90 days in the county jail (which a defendant must serve the 90 days) and the same mandatory fine of $2,500.
After hearing the arguments of the parties regarding sentencing, District Court Judge Carey Hipp sentenced Allen to one year in the county jail, she suspended that sentence and granted Allen probation after Allen served the mandatory minimum sentence of 90 days, and the mandatory fine of $2,500.
At sentencing the State of Kansas was represented by Barton County Attorney M. Levi Morris. The Defendant was represented by Heidi Farnsworth.