State v. Johnston

Defendant was convicted of misdemeanor driving under the influence of intoxicants (DUII) six times between 1981 and February 17, 2000. This case is the state’s appeal from the sentence that the trial court imposed on defendant after he was convicted of a seventh DUII on March 26, 2001. The court held that the sentence urged by the state (and agreed to by defendant as part of a plea agreement) would punish defendant twice for his earlier convictions: once when they were used to elevate his crime from a misdemeanor to a felony and again when they were used to increase his “criminal history”…