State v. TimsAnnotate this Case
In 2012, Defendant was charged with felony driving under the influence (DUI). The charge was based upon a 2002 DUI diversion and a 2004 DUI conviction. Defendant filed a motion to strike the diversion from consideration of his criminal history and a discharge from the felony charges. The district court granted the motion and excluded Defendant’s 2002 DUI diversion from his criminal history. The court of appeals reversed, determining that Defendant’s 2002 DUI diversion could properly be counted as a prior conviction for sentencing purposes because Defendant’s Sixth Amendment right to counsel did not attach during the 2002 diversion proceedings. The court also found that although Defendant had a statutory right to counsel during the diversion proceedings, the diversion agreement that Defendant signed showed that he had validly waived this statutory right. The Supreme Court affirmed, holding that counting Defendant’s 2002 diversion as a prior DUI conviction for purposes of classifying and sentencing him for his current DUI conviction did not violate his constitutional or statutory right to counsel, as (1) Defendant’s Sixth Amendment right to counsel never attached during the diversion proceedings; and (2) Defendant knowingly and voluntarily waived his statutory right to counsel during the DUI diversion proceedings.