State v. Hass
Annotate this CaseThe State charged Michael Hass with three offenses, one of which was a DUI. The Stated alleged that Hass had three prior DUI convictions, making the DUI a felony. Hass filed a motion challenging the validity of one of his prior DUI convictions, arguing that his constitutional rights to counsel and to due process were violated when the trial judge in that case allowed Hass's counsel to withdraw on the day of trial and then proceeded to try and convict Hass in absentia. In the instant case, pursuant to a plea agreement, Hass pleaded guilty to fourth-offense DUI, and the remaining counts were dismissed. The Supreme Court reversed the district court's decision denying Hass's motion challenging the validity of his earlier DUI conviction and vacated the felony DUI sentence imposed by the district court, holding that the prior DUI conviction was constitutionally infirm and could not be used for sentence enhancement purposes. Remanded with instructions to resentence Hass for misdemeanor DUI.
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