Krewson v. State

WALSH, Justice:

The appellant, David S. Krewson, appeals his conviction as a second offender of driving under the influence of alcohol, 21 Del.C. § 4177(d)(2). Krewson claims that the mandatory prison term he received as a second offender under 21 DelC. § 4177(d)(2) violates his right to due process under the State and federal constitutions. Krewson argues that the election to enter into the First Offender’s Program should not have been treated as a conviction when he was later sentenced as a second offender. Krewson asserts two claims. First, that at the time of his election to enter the…