Protz v. State
Annotate this Case
The Supreme Court affirmed Defendant’s conviction for driving under the influence (DWUI) - fourth offense in ten years, holding that the charging document (Information) plainly charged Defendant with a fourth offense felony DWUI, thereby invoking the district court’s subject matter jurisdiction.
On appeal, Defendant argued that the Information failed to state a felony offense because it did not allege three prior offenses resulting in convictions within the ten-year loopback period required by statute. The Supreme Court affirmed, holding (1) any mistake in alleging if or when Defendant’s prior offenses occurred did not constitute a jurisdictional defect; and (2) by entering an unconditional guilty plea, Defendant waived his challenge to the sufficiency of the Information.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.