The opinion of the court was delivered by This is an appeal by the State of Kansas on a question reserved
pursuant to K.S.A. 22-3602(b)(3). The question is whether a minor
17 years of age, who is convicted a third time for driving with a
suspended license, a class E felony, is subject to the mandatory
sentence of five days in prison, as required by K.S.A. 1990 Supp.
8-262(a)(3). The facts are not in dispute. Defendant was arrested in March
1990 and charged with five traffic offenses, including driving
with a suspended driver's license, while having two prior
convictions for the same offense. K.S.A. 1990 Supp. 8-262(a)(1).
Defendant was born January 13, 1973, making him a juvenile at the
time of his arrest.
