State v. Pitts

OPINION

GARBARINO, Judge.

Appellant Chester Lee Pitts (defendant) pled guilty to negligent homicide, a class 4 felony, and driving under the influence (DUI) on a suspended or revoked license, a class 5 felony. On appeal, the defendant argues that he was subjected to double punishment by the court’s use of his prior DUI convictions as both a necessary element of the offense which resulted in his license being suspended or revoked and for aggravation purposes in the instant offense. We hold that a trial court cannot consider a defendant’s prior DUI convictions as aggravating factors when those…