Dailey v. State

CROTHERS, Justice.

[¶ 1] Todd Dailey appeals from a district court order denying his application for post-conviction relief. We reverse, concluding Dailey’s DUI sentence is illegal, and remand for re-sentencing.

I

[¶ 2] In 2005, Dailey was convicted upon a jury verdict finding him guilty of manslaughter and of driving under the influence of intoxicating liquor (“DUI”), his fifth offense in seven years. Dailey was sentenced to serve five years in prison, with forty-two months suspended for five years, and to pay a $1,000 fine on the DUI conviction. On the manslaughter conviction, he was sentenced…