State v. Payne

HOWARD, Justice:

This cases raises the fundamental question of whether the State or the defendant bears the burden of proof when the defendant collaterally attacks a prior conviction which the State seeks to use under a sentence enhancement statute. Robert Payne was convicted of driving under the influence (DUI) second offense and sentenced to six months imprisonment. Payne appeals the enhancement of his sentence arguing he should have been sentenced as a first offender because his prior DUI conviction was uncounseled and he was not warned of the dangers of self-representation. We affirm. 1

I.…