State v. White

GEER, Judge.

Defendant Hobey Glenn White appeals his habitual impaired driving conviction, contending that the trial court erred in permitting the State to amend the indictment. The original indictment referred to defendant’s having three prior driving while impaired (“DWI”) convictions in seven years. Although seven years had previously been the “look-back” period set forth in the habitual impaired driving statute, the statute was amended prior to the date of defendant’s offense to provide for a 10-year look-back period. We hold that because the original indictment at all times alleged the…