2014 Opinion No. 23
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Timothy Hansen, District Judge.
District court order denying motion to dismiss DUI, affirmed.
Sara B. Thomas, Idaho Appellate Public Defender, Boise, for appellant. Brian R. Dickson, Deputy State Appellate Public Defender argued.
Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Jessica M. Lorello, Deputy Attorney General argued.
BURDICK, Chief Justice. Justices EISMANN, J. JONES, HORTON and SCHROEDER, Pro tem, CONCUR.
[156 Idaho 23] 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 court erred in considering the merits of Glenn's untimely motion to dismiss and that precedent allows an enhanced sentence based on a previously dismissed DUI conviction. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Samuel Glenn was arrested and cited for driving under the influence in 2001. He pled guilty to a felony DUI, which resulted in a suspended sentence and five years of probation. After Glenn completed probation, he moved the district court to reduce his charge to a misdemeanor. The district court treated this as a motion pursuant to I.C. § 19-2604(1) and granted the motion on March 22, 2007, ordering that Glenn's guilty plea be set aside and the case finally dismissed.
Glenn was again arrested and cited for DUI on October 5, 2010. The State filed an amended complaint that enhanced the charges pursuant to I.C. § 18-8005(9) because Glenn had a prior felony DUI conviction within the past fifteen years. Glenn's only felony that qualified was his 2001 DUI that the district court dismissed in 2007. Glenn pled not guilty to the 2010 DUI charge on February 11, 2011.
On April 26, 2011, Glenn moved to dismiss his 2010 indictment, arguing that the enhancement was improper given that his 2001 guilty plea was withdrawn and dismissed pursuant to I.C. § 19-2604. Glenn argued that because this conviction was dismissed, there was no prior conviction for the State to base its enhancement on. The state opposed Glenn's motion, arguing that (1) the motion was untimely under I.C.R. 12(d) without any showing of good cause or excusable neglect and (2) Idaho Court of Appeals precedent in State v. Reed, 149 Idaho 901, 243 P.3d 1089 (Ct. App. 2010), controlled. The district court denied Glenn's motion to dismiss based on Reed. Glenn ...