On Friday, Jan. 13, Gavin Allen was back in District Court for sentencing. In September, a Barton County jury convicted Allen of felony DUI and transporting an open container.

Barton County Attorney M. Levi Morris reports that, 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. (See https://gbtribune.com/news/local-news/jury-convicts-allen-felony-dui/)

Allen, age 49, was subject to two special sentencing rules. The first applies to felony DUIs; however, the second applied because Allen was on parole for Sedgwick County 2017 CR 902 (violation of a protective order from abuse, a Class A misdemeanor) 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.

The case number is 2020-CR-000449. At sentencing, the State of Kansas was represented by Barton County Attorney Morris. The defendant was represented by Heidi Farnsworth.