State v. Lamb

LANSING, Chief Judge.

Frankie Gene Lamb appeals from his conviction for felony driving under the influence, asserting that the pursuit of the charge as a felony violates due process and the constitutional prohibition of ex post facto laws. We affirm.

I

FACTS AND PROCEDURE

In 2001 and again in 2003, Lamb was convicted of misdemeanor driving under the influence for offenses committed in Idaho. Under the law in effect at those times, a third DUI offense within five years could be charged as a felony. Idaho Code § 18-8005(5) (2003). Lamb was given warnings to that effect pursuant to I.C. §…