MANHATTAN, Kan. (AP) – A prosecutor says he’ll appeal the probation given to a Kansas State University graduate student for a head on crash that killed two people.

Riley County Attorney Barry Wilkerson filed notice Tuesday that he’ll seek prison time for 24 year old Miles Theurer.

The veterinary medicine student pleaded no contest in May to two counts of involuntary manslaughter while driving under the influence of alcohol.

Theurer was driving a pickup truck that crashed into a car the morning of May 14, 2012. The collision killed the car’s occupants, Michael Stanley and Elizabeth Young.

A Riley County judge Monday sentenced Theurer to 60 days in jail followed by 36 months of probation. But Wilkerson says that under Kansas law, Theurer’s conviction carries a presumptive sentence of 38 to 43 months in prison.