State v. Moore

LANSING, Judge.

Albert Ray Moore appeals from the district court’s second amended judgment of conviction for driving under the influence, which the district court said it issued to correct a clerical error in the first amended judgment of conviction. At issue is whether the district court possessed authority to enter the second amended judgment.

I

FACTS AND PROCEDURE

In two cases filed in 2006 and 2007, Moore was charged with driving under the influence (DUI). In each case, the charge was enhanced to a felony pursuant to Idaho Code § 18-8005(5) on grounds that Moore had twice previously been…