State v. Garvin

ERICKSTAD, Chief Justice.

This is an appeal by the defendant, Francis Wesley Garvin, from a modified sentence, dated July 7, 1982, by the County Court with Increased Jurisdiction of Cass County. We reverse and remand so that the original sentence may be reinstated.

The facts in this case are not in dispute and thus can be briefly summarized. Gar-vin was arrested for driving while under the influence of intoxicating liquor in violation of Section 39-08-01, N.D.C.C. Subsequent thereto, Garvin plead guilty to the DWI charge and voluntarily underwent treatment from October 27, 1981, through…