State v. Glidden

SWANSTROM, Judge.

Herbert Glidden challenges a magistrate’s refusal to grant a withheld judgment upon Glidden’s plea of guilty to driving while under the influence. He appeals from the district court’s appellate decision upholding the judgment of conviction and sentence. The issue is whether the magistrate improperly exercised his sentencing discretion by limiting his sentencing alternatives though a self-imposed policy of not granting withheld judgments for driving while under the influence. We affirm.

This was Glidden’s first DUI offense. At the initial sentencing hearing Glidden presented…