State v. Nixon
Annotate this CaseDefendant was charged with DUI, fourth or subsequent offense. The information provided that Defendant was previously convicted of qualifying DUI offenses in 2009, 1999, and 1992. Defendant filed a motion to dismiss due to invalidity of prior DUI convictions, challenging his 1992 DUI conviction on the basis of constitutional infirmity. The district court denied Defendant's motion, concluding that Defendant failed to meet his burden to come forward with affirmative evidence establishing that his 1992 conviction was obtained in violation of the Constitution. Defendant subsequently entered a no contest plea to the DUI charge, reserving his right to appeal the denial of his motion. On appeal, the Supreme Court affirmed the district court's order denying Defendant's motion to dismiss, holding that the court correctly concluded that Defendant failed to meet his burden to persuade the court that his 1992 conviction was constitutionally infirm.
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