State v. Wheeler

Richard Dean Wheeler was convicted of driving under the influence of alcohol (DUI), fourth offense, in the Sixth Judicial District Court, Park County, after he pled guilty to the charge against him. He appeals. We affirm.

The dispositive issue is whether Wheeler’s guilty plea forecloses his argument that the District Court erred in denying his motion to exclude his three prior DUI convictions as a basis for designating the June 1996 charge as his fourth DUI offense.

Wheeler was charged with DUI, fifth offense, in Park County, Montana, in June 1996. The affidavit in support of the information…