X appealed from a criminal judgment, entered upon X's conditional guilty plea to the charge of driving under the influence of alcohol in violation of N.D.C.C. 39-08-01, and causing serious bodily injury to another. North Dakota court held X's sentence to 90 days incarceration under N.D.C.C. 39-08-01.2(2), is an illegal sentence in violation of the maximum penalty of 30 days incarceration for class B misdemeanors permitted under N.D.C.C. 12.1-32-01.