State v. DuBray

DUNN, Justice.

Defendant, Frederic DuBray, was convicted by a jury of driving while under the influence of alcohol (DWI), as defined in SDCL 32-23-1, and of possession of marijuana, as defined in SDCL 22-42-6. This was his third conviction of DWI; therefore defendant was sentenced under SDCL 32-23-4, which enhances the charge to a Class 6 felony. The sentence imposed for the DWI conviction was a fine of $1,000 and confinement in the South Dakota State Penitentiary for one year. Defendant was also sentenced to serve fifteen days in jail and pay a fine of $100 on the marijuana conviction, the…