State v. Deitz

*756SILAK, Judge.

Bruce Deitz entered a conditional plea of guilty to a misdemeanor charge of driving while under the influence, I.C. § 18-8004. On appeal, Deitz contends that the magistrate erroneously considered a withheld judgment of conviction entered in a previously dismissed action in determining that the instant violation was Deitz's second within five years under former I.C. § 18-8005(2).1 For the reasons stated below, we affirm the judgment of conviction entered by the magistrate.

The facts in this case are not disputed. In October of 1986, Deitz pled guilty to driving under the influence.…