State v. Mark Edward Allen, III

LANSING, Judge.

Mark Edward Allen, III, appeals from the denial of a motion filed in his criminal case five months after the judgment of conviction was entered. Allen asserts that the district court erred by not treating the motion as a petition for post-conviction relief.

I

BACKGROUND

Allen pleaded guilty to felony driving under the influence of alcohol, Idaho Code §§ 18 — 8001(l)(a) and 18-8005(7), and was sentenced to a unified term of imprisonment of five years, with three years determinate. The district court entered the judgment of conviction on April 9, 2010, from which Allen did not…