State v. Kerns

McHUGH, Justice:

This appeal presents two questions of first impression to this Court, each involving the authority of a circuit court when reviewing a sentence imposed by a magistrate court upon a conviction of driving under the influence of alcohol. Disagreeing with the circuit court that it lacked the dispositional authority in question, we reverse its final order and remand this case for the circuit court to consider the alternative sentencing requested by the appellant.

I

On February 28, 1989, the appellant, John B. Kerns, entered a plea of guilty, in the Magistrate Court of Putnam County,…