Carroll v. Solem

SABERS, Justice.

Carroll claims his misdemeanor DWI conviction cannot be enhanced once to felony status and then enhanced again under the habitual felony statute. The court denied Carroll’s habeas corpus action and he appeals. We reverse and remand for resen-tencing.

Facts

Carroll was indicted for driving while under the influence of alcoholic beverages (DWI) on August 28, 1986, a violation of SDCL 32-23-1(2). The state filed two separate part II informations. The first part II information alleged that the DWI offense was his third such offense within five years based upon July 22, 1983, and…