He filed an application in the pending felony DUI case under the Uniform Mandatory Disposition of Detainers Act, requesting that the pending felony DUI be dismissed or that he be tried. In July 1994, defendant entered a plea of guilty to felony DUI, was sentenced to 92 days in the county jail, and given credit for time served. The record before us does not reveal whether all or part of the 92 days served was in the county jail or the state prison system. The trial court then converted his sentence to 36 months pursuant to the sentencing guidelines. This appeal by the State followed.
Courts have jurisdiction to correct an illegal sentence at any time.
The issue of whether a criminal sentence is illegal is a question of law. 2d 661, Syl. Interpretation of a statute is a question of law. An appellate court's review of a question of law is unlimited. Further, the district court's conclusions regarding a question of law are not binding on this court.