State v. Smith

Ness, Justice.

Appellant, Alton Smith, was tried and convicted in his absence for third offense driving under the influence. He appeals from the trial court’s refusal to modify or vacate his sentence. We affirm and remand.

Appellant’s sentence was published on April 29, 1980 at which time his motions were marked heard and scheduled for a hearing on June 3, 1980.

The trial judge denied the motions holding he did not have jurisdiction to change the sentence.

Appellant first asserts his sentence was illegal because it was unconstitutionally enhanced. We disagree.

He argues his two prior convictions…