State v. Allbee

This is an appeal from an order denying a motion to reduce a sentence of three years, with a minimum confinement period of eighteen months, for driving under the influence (DUI). We affirm.

Following Franklin Allbee’s arrest, the prosecutor filed an information charging the DUI as a felony because Allbee had received two other DUI convictions within the preceding five-year period. I.C. § 18-8005(3). Upon his plea of guilty, a judgment of conviction was entered. Although the prosecutor and the presentence investigator recommended a jail sentence followed by probation, Allbee was sentenced to…