State v. Detweiler

SUBSTITUTE OPINION

The Court’s prior opinion, dated November 3, 1988, is hereby withdrawn.

Robert Detweiler appeals from the district court’s appellate decision affirming an order denying Detweiler’s I.C.R. 33(c) motion to withdraw his guilty plea and affirming a judgment of conviction, including the sentence imposed, for driving under the influence. The issues are whether the magistrate abused his discretion in denying the Rule 33(c) motion and whether the sentence imposed is excessive. We affirm in part and vacate in part. We remand the case for reconsideration of the sentence.

While driving…