State v. Winchester

MILLER, Justice.

In this appeal, we affirm the trial court and hold that a suspended imposition of sentence for a violation of SDCL ch. 32-23 (driving under the influence) may be used to enhance the penalty for a subsequent violation of that chapter.

FACTS

In January 1988, Vanessa R. Winchester (Winchester) was arrested for, charged with, and pled not guilty to driving while under the influence of alcohol (DUI), second offense. SDCL 32-23-1(1) and (2); SDCL 32-23-3. At a court trial, she was found guilty of both Parts I and II of the Information.1

ISSUE

In a somewhat novel argument, Winchester…