State v. Tafoya
Annotate this CaseDefendant was convicted in 2008 of one count of DUI. Defendant’s 2008 conviction was classified as a fourth DUI. Defendant was sentenced to a term of imprisonment and a mandatory fine. The court of appeals vacated the sentence and “remanded for resentencing,” concluding that the district court erred by failing to consider community service in lieu of a direct payment of the fine. Before the district court held the remand hearing, the legislature in 2011 amended the DUI lookback provisions so that, at the time of the remand hearing, Defendant would have been resentenced for a first DUI rather than a fourth DUI. In 2012, the district court concluded that it had no jurisdiction to resentence Defendant and allowed him to perform community service in lieu of a direct payment of the fine. Defendant appealed, arguing for a retroactive application of the 2011 amendment to his 2008 conviction. The court of appeals denied relief. The Supreme Court reversed and remanded for reconsideration in light of State v. Reese. On remand, the court of appeals affirmed Defendant’s sentence for a fourth DUI conviction, concluding that Defendant was neither sentenced nor resentenced in 2012. The Supreme Court affirmed, holding that Defendant was never resentenced, and therefore, his claim to the benefit of the 2011 lookback period failed.
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