State v. Kime
Annotate this CaseThe State charged Defendant with felony driving under the influence of alcohol and careless driving. The State filed notice that it intended to seek persistent felony offender status for Defendant due to Defendant's previous conviction for felony DUI. Defendant's attorney objected to the proposed designation, and the district court denied the objection. Defendant subsequently pled guilty to the felony DUI charge. After a bench trial, Defendant was convicted on the careless driving charge. The district court sentenced Defendant to ten years in prison as a persistent felony offender based on the felony DUI and to thirty days in jail on the careless driving conviction. The Supreme Court (1) affirmed the sentence for felony DUI as a persistent felony offender, holding that the sentence was lawful; but (2) reversed the jail time sentence for the careless driving conviction and remanded with instructions to strike the jail time because the district court exceeded its authority when it imposed the sentence.
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