State v. Samuel Thomas Glenn

BURDICK, Chief Justice.

Samuel Glenn appeals the Ada County district court’s denial of his motion to dismiss a 2010 driving under the influence (DUI) charge. On that charge, the State sought an enhanced sentence based upon Glenn’s 2001 DUI conviction. The district court had previously dismissed Glenn’s 2001 DUI conviction pursuant to I.C. § 19-2604. Glenn argues on appeal that the district court erred because Idaho Supreme Court precedent holds that cases dismissed pursuant to I.C. § 19-2604 are a nullity and cannot later be used as sentencing enhancements. The State contends that the district…