State v. Pankhurst
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The Supreme Court affirmed the judgment of the district court determining that Defendant's two North Dakota convictions were sufficiently similar to constitute prior convictions under Mont. Code Ann. 61-8-734(1)(a).
The State charged Defendant with driving under the influence of alcohol (DUI), fourth or subsequent offense. On appeal, Defendant challenged the denial of his motion to dismiss, arguing that his prior convictions in North Dakota and Wyoming could not serve as predicate offenses for the enhancement of his DUI charge because the statutes of the two states were dissimilar to Montana's statute. The Supreme Court affirmed, holding that the district court did not err when it held that North Carolina's DUI statute was a similar statute under section 61-8-734(1)(a).
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