State v. Otto

¶1 Chris Otto (Otto) appeals from the order entered by the Twelfth Judicial District Court of Hill County, Montana, denying his motion to dismiss his felony charge of driving under the influence of alcohol (DUI). We affirm.

ISSUES

¶2 The issue on appeal is:

¶3 Did the District Court correctly determine that Otto’s three prior DUI-related convictions supported the enhancement of his most recent DUI to a felony?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 On October 28,2003, Otto pled guilty in Havre City Court to DUI, a misdemeanor in violation of § 61-8-401, MCA (2003). In February 2005 in the same…