State Ex Rel. Appleby v. Recht

David Appleby, (hereinafter “Mr. Apple-by”), petitioner and defendant below, invokes this Court’s original jurisdiction in prohibition and seeks a writ prohibiting the State from proceeding to try him as a recidivist upon his conviction for driving under the influence (hereinafter “DUI”), third offense, based upon one predicate felony of unlawful assault and two prior felony convictions of DUI, third offense. After having reviewed Mr. Appleby’s petition and memorandum of law, the State’s memorandum in opposition, reviewing the pertinent authorities and hearing the arguments of counsel, we…