Curtis v. State

OPINION

MANNHEIMER, Judge.

On August 9, 1990, Jack Curtis was sentenced for driving while intoxicated (DWI), AS 28.35.030(a). Believing that Curtis was a first DWI offender, the district court sentenced him to 60 days’ imprisonment with 57 days suspended, plus a $250 fine. The 3 days to serve and the $250 fine were the specified minimum penalties for a first offender. AS 28.35.030(c).

Two months later, the State moved to modify Curtis’s sentence after discovering that Curtis had a prior DWI 'conviction from 1987. The district court granted the motion and modified Curtis’s sentence to 60 days’…