State v. Bilben
Annotate this CaseIn 2012, Defendant was charged with driving under the influence of alcohol (DUI). A part II information alleged that Defendant had three prior DUI convictions within the last ten years, in 2003, 2004, and 2007. Defendant moved to strike the prior convictions, alleging that he pleaded guilty to the DUI charges without being adequately advised of his Boykin rights, rendering the prior convictions invalid. The circuit court denied the motion. The Supreme Court reversed in part, holding that there was a complete absence of any Boykin waiver advisement in the 2007 case, and thus, the circuit court erred in denying Defendant’s motion to strike his 2007 conviction. Remanded for resentencing.
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