Parsons v. Fifth Judicial District Court

OPINION

Petitioner David Earl Parsons (Parsons) was charged by criminal complaint with one count of felony driving under the influence (DUI). The justice court granted Parsons’ motion to strike one of his prior convictions, amended the complaint to a second-offense misdemeanor DUI charge, allowed Parsons to plead guilty, and sentenced him. The district court granted the State’s petition for a writ of certiorari, finding that the justice court’s actions were in excess of its jurisdiction. Accordingly, the district court vacated Parsons’ conviction and rescheduled the preliminary hearing in…