State v. Nickerson

WALTERS, Chief Judge.

This is an appeal from an order reducing the sentence previously imposed upon a felony conviction for driving while under the influence of alcohol. I.C. §§ 18-8004 and 18-8005(3). 1 The original sentence included a fixed term of five years in the custody of the Board of Correction, a fine of $5000 and suspension of the defendant’s driving privileges for a period of five years following his release from incarceration. The district court subsequently modified the sentence upon motion of the defendant under I.C.R. 35 2 by reducing the fixed term of incarceration to a period…