Idaho v. Winkler
Annotate this CaseBrandon Lynn Winkler appealed a district court order denying his motion to dismiss a January 2019 felony charge for driving under the influence of alcohol. Despite Winkler having been pardoned for a 2006 felony DUI, the district court determined that it still counted as a prior felony DUI for purposes of charging Winkler with a felony under Idaho Code section 18-8005(9). On appeal, Winkler argued the district court erred in concluding that a pardon did not prevent a prior felony DUI from being used to enhance a subsequent DUI charge to a felony under Idaho Code section 18-8005(9). The Idaho Supreme Court concurred: the district court erred in allowing Winkler's prior DUI conviction to be used to enhance his pending DUI charge. As such, the order was reversed and the matter remanded for further proceedings.
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