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AULT v. STATE

Nos. A-8371, A-8409.

73 P.3d 1248 (2003)

Michael D. AULT, Appellant, v. STATE of Alaska, Appellee. Clara McDonald, Appellant, v. State of Alaska, Appellee.

Court of Appeals of Alaska.

July 18, 2003.

Attorney(s) appearing for the Case

Robert B. Downes, Downes, MacDonald & Levengood, Fairbanks, for Appellants.

Jason Gazewood, Assistant District Attorney, Teresa Foster, District Attorney, Fairbanks, and Barbara J. Ritchie, Acting Attorney General, Juneau, for Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

COATS, Chief Judge.

Michael D. Ault and Clara McDonald were each convicted of misdemeanor driving under the influence of an alcoholic beverage (DUI).1 Each had prior DUI convictions, so they were subject to the mandatory minimum sentencing provisions of AS 28.35.030(b). The district court found that under AS 28.35.030, as amended in 2001, it had to take into account all the appellants' prior DUI convictions, even...

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