State v. Tims

Powell, J.:

The State appeals Daniel W. Tims’ driving under die influence (DUI) sentence, claiming it is illegal because the district court improperly excluded Tims’ prior DUI diversion from its calculation of Tims’ criminal history. The district court agreed with Tims that his prior uncounseled DUI diversion could not be *847counted in his criminal histoiy, making this DUI Tims’ second conviction rather than his third. Because we hold that Tims’ prior uncounseled DUI diversion should have been counted in his criminal histoiy, we reverse the district court and remand for resent-encing as a felony…