State v. Rasmussen
Annotate this CaseThe Supreme Court affirmed Defendant’s conviction for felony driving under the influence (DUI), concluding that the district court did not err in denying Defendant’s motion to dismiss on the grounds that two of his prior convictions upon which the State based its felony enhancement were obtained in violation of his constitutional right to counsel. The district court denied the motion to dismiss on the ground that Defendant had not met his burden of rebutting the presumption of regularity that attached to the prior convictions. The Supreme Court affirmed, holding (1) the district court did not clearly err in finding that Defendant failed to satisfy his burden to rebutting the presumption of regularity in his two prior convictions; and (2) therefore, the district court’s determination that those convictions could be used for felony enhancement purposes was correct.
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