Idaho v. Miller
Annotate this CaseDefendant-appellant Robert Miller appealed his conviction for felony driving under the influence (“DUI”) and the district court’s application of a sentencing enhancement based on a prior conviction for felony DUI within the previous fifteen years. On appeal, Miller argued: (1) the district court erred in dismissing the jury before it heard and determined the facts regarding the sentencing enhancement without first obtaining a valid waiver of Miller’s right to a jury trial; (2) the appropriate remedy for the error was to determine the sentencing enhancement did not apply; and (3) if the sentencing enhancement was still applicable to Miller, his sentence should be vacated and the case remanded for a new trial on whether Miller should be subject to the sentencing enhancement. Given the State’s concession that the district court committed fundamental error, the Idaho Supreme Court concluded the appropriate remedy was to vacate Miller’s sentence and remand for a new trial to determine whether the sentencing enhancement applied to Miller.
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