State v. Hancock
Annotate this CaseDefendant was charged by information with driving under the influence of alcohol fourth or subsequent offense (DUI). The information provided that Defendant had been convicted of DUI on three previous occasions, including once in 1999. Defendant moved to dismiss the 1999 DUI conviction, alleging that his constitutional right to counsel was violated in that proceeding. The district court denied Defendant’s motion to dismiss. Defendant pleaded guilty, reserving his right to appeal the denial of his motion to dismiss. The Supreme Court affirmed, holding (1) Defendant failed to satisfy his burden of proving that his 1999 conviction was constitutionally infirm; and (2) the district court erred by stating in the judgment that Defendant was convicted of a DUI rather than a DUI per se. Remanded.
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