Legal Opinion

State v. Willey

South Dakota Supreme Court

Decided February 1, 2012No. 25990Published

1Opinion of the Court

GILBERTSON, Chief Justice.

[T1.] John Willey appeals from a conviction on a Part II information charging that the accompanying driving under the influence (DUI) conviction was his third DUI offense. Willey argues that a convietion that occurred after his arrest on the principal offense was invalid for enhancement purposes. We reverse and remand.

FACTS & PROCEDURAL HISTORY

[12.] Willey was first arrested for DUI in 2008 in Pennington County. He was convicted in February 2009. Willey was arrested for DUI in May 2010 in Meade County. He pleaded guilty on August 30, 2010, and was convicted on…

2Cases cited3 opinions

  1. State v. TalaricoSouth Dakota Supreme Court · 2003
  2. State v. GehrkeSouth Dakota Supreme Court · 1991
  3. State v. MyersSouth Dakota Supreme Court · 1984

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