State v. WilleyAnnotate this Case
John Willey was arrested for three DUIs: in 2008, May 2010 and August 8, 2010. Willey pleaded guilty to charges for his May 2010 arrest on August 30, 2010 and was convicted on September 27, 2010. For Willey's August 8, 2010 arrest, the State filed a Part II information that alleged Willey had two prior DUI convictions. Willey argued that the conviction on September 27, 2010 was invalid for enhancement purposes. The circuit court denied the motion. After a stipulated court trial, Wiley was convicted of DUI based on the August 8, 2010 arrest. The next day, a jury convicted him on the Part II information, finding that he had two prior DUI convictions. The Supreme Court reversed, holding that, pursuant to S.D. Codified Laws 22-6-5.2, (1) the Part II information in this case constituted an enhanced penalty, and (2) Willey could not receive an enhanced penalty for a third offense DUI because he had not been convicted or pleaded guilty or nolo contendere to the second offense previous in time to committing the third subsequent offense. Remanded.