State v. Wiggins

SHEPARD, Justice.

This is an appeal from a conviction of the offense of driving while under the influence of intoxicants and, since the defendant had been previously convicted of the same offense, a repeated offense, a felony. The sole question presented is whether the jury' should have been informed of the previous conviction for- the same offense. We reverse and remand for a new trial.

Appellant Wiggins was charged with, and pleaded not guilty to, the offense of driving while under the influence of intoxicants, in violation of I.C. § 49-1102. The information charged Wiggins with being a…