State v. Epps

In this criminal case, the state appeals from a judgment that imposed a 90-day term of incarceration as a result of defendant’s conviction for felony driving under the influence of intoxicants (DUII), but suspended execution of that sentence. The state is correct that the sentencing court erred in suspending execution of the 90-day term of incarceration. ORS 813.011 provides that DUII is a Class C felony, for which a defendant “shall be sentenced to a mandatory minimum term of incarceration of 90 days” if the defendant has been convicted of DUII at least twice within the 10 years prior to the…