State v. Croston

LANSING, Judge.

David Croston seeks review of the sentences imposed following his pleas of guilty to two misdemeanors, driving under the influence of alcohol and driving without a valid license. Croston appealed the sentences to the district court which affirmed. We affirm the sentence on the DUI charge and remand for resentencing on the charge of driving without a license.

When Croston pled guilty to this DUI charge he had two prior DUI convictions within the preceding five years. Although he thus could arguably have been charged with a felony DUI under I.C. § 18-8005(5), the charge was…