State v. Holder
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The Supreme Court affirmed the district court's denial of Appellant's motion to strike a prior conviction for purposes of enhancing Appellant's DUI charge to a felony, holding that the district court did not err by relying on a 1990 Texas DWI conviction for purposes of enhancing Appellant's penalty.
Appellant pled guilty to felony DUI and other offenses. On appeal, Defendant challenged the denial of his motion to strike his prior conviction, arguing that the district court erred by concluding that the State provided competent proof of his 1990 Texas DWI conviction because Defendant's National Crime Information criminal record report did not also include information about a sentence or judgment. The Supreme Court disagreed, holding that the State provided competent proof of the Texas conviction under application of the presumption of regularity, which Appellant did not rebut.
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