State v. Nickerson

SILAK, Judge.

Warren Nickerson was charged with felony driving under the influence, I.C. §§ 18-8004 and 18-8005. Nickerson made a pretrial motion to vacate the felony designation on the charge on the ground that, at the time he was sentenced for his second DUI conviction, he was not notified in writing, as prescribed by I.C. § 18-8005(2)(c), regarding the enhanced penalties for subsequent DUI violations. After the district court denied Nickerson’s motion, Nickerson entered a conditional plea of guilty to the charge of felony driving under the influence, reserving the right to appeal the…