Robert Owen Marshall, III

KITE, Justice.

[11] Robert Owen Marshall, III pleaded guilty to a third or subsequent offense of possession of a controlled substance, which is a felony, and misdemeanor driving while under the influence. On appeal, he claims the district court erred by ordering him to receive and pay for a substance abuse assessment and by relying on the assessment at sentencing to determine he was a qualified offender and recommend he receive substance abuse treatment while incarcerated.

[12] We affirm.

ISSUE

[18] We restate Mr. Marshall's appellate issue as:

Did the district court act in excess of its statutory…