State v. Crockett

LANSING, Judge.

Adam Richard Crockett appeals from the district court’s denial of his motion to dismiss a charge of driving under the influence made on grounds that his rights to a speedy trial and due process had been violated.

I

BACKGROUND

On August 1, 2008, Crockett was arrested for driving under the influence. The State chai’ged the case as a felony on the premise that Crockett had been convicted twice of DUI within the preceding ten years. See Idaho Code §§ 18-8004, 18-8005(5). At the preliminary hearing, however, it was learned that Crockett had not yet been convicted of the second of the…