State v. Anders

SABERS, Retired Justice.

[¶ 1.] The State appeals the circuit court’s decision that a felony driving under the influence (DUI) conviction cannot be used to enhance the sentence for a principal felony. We reverse.

FACTS

[¶ 2.] On December 20, 2007, Martha Anders was indicted for conspiracy to commit first degree murder and attempted first degree murder, or in the alternative, aggravated assault. The State later filed a Part II Information alleging Anders was a habitual offender under SDCL 22-7-7, based on Anders’ felony DUI conviction from May 14, 2007. This is Anders’ sole prior felony…