State v. Tisdale

Goolsby, Judge:

James David Tisdale pled guilty to driving under the influence (DUI), third offense. The State appeals the trial court’s suspension of part of Tisdale’s sentence. We reverse and remand.

At the sentencing hearing, Tisdale’s counsel acknowledged to the trial court that Tisdale realized a sixty-day sentence was mandatory, but requested the trial court sentence Tisdale to house arrest or allow him to serve the time on weekends so that he could continue in his employment. In response, the assistant solicitor stated, “I’m not recommending house arrest, and I am fully aware that there…