State ex rel. Beechler v. Rastatter
Annotate this CaseAppellant was convicted of two felony counts of operating a vehicle while intoxicated (OVI), each with a specification that he had been convicted of or pled guilty to five or more OVI violations or equivalent offenses within the previous twenty years. The convictions were affirmed on appeal. Appellant filed a complaint for writ of mandamus in the court of appeals naming the judge who had presided over his criminal trial as respondent, claiming that his conviction and sentence under the specification were void because the jury never found that he had been convicted of five felony OVI offenses. The court of appeals dismissed the motion, concluding that Appellant had adequate remedies at law to challenge his sentencing entry. The Supreme court affirmed, holding that Appellant had an adequate remedy at law by way of appeal, and even if the Court were to reach the merits, Appellant’s arguments were unavailing.
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