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STATE v. WINCHESTER

No. 16269.

438 N.W.2d 555 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Vanessa R. WINCHESTER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 12, 1989.

Attorney(s) appearing for the Case

Thomas Harmon, Deputy Atty. Gen. and Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief, for plaintiff and appellee.

Martha S. Temple, Office of Public Defender, Rapid City, for defendant and appellant.

MILLER, Justice.

In this appeal, we affirm the trial court and hold that a suspended imposition of sentence for a violation of SDCL ch. 32-23 (driving under the influence) may be used to enhance the penalty for a subsequent violation of that chapter.

FACTS

In January 1988, Vanessa R. Winchester (Winchester) was arrested for, charged with, and pled not guilty to driving while under the influence of alcohol (DUI), second offense. SDCL 32-23-1(1) and...

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