Legal Opinion
State v. Maxey
Idaho Court of Appeals
Decided May 28, 1993No. 19356PublishedCited by 2 opinions
1Opinion of the Court
SILAK, Acting Judge.
Gary D. Maxey appeals from the district court’s denial of his pretrial motions requesting dismissal of the State’s enhanced charge of felony driving under the influence (DUI), asserting that enhancement of the charge to felony DUI was improper because the enhancement was based on two prior DUI convictions which were constitutionally and statutorily invalid. For the reasons stated be*517low, we conclude that neither of Maxey’s prior DUI convictions relied on by the state are valid to enhance the DUI charged in this ease.
FACTS AND PROCEDURAL BACKGROUND
Maxey was charged with…
2Cases cited12 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Von Moltke v. GilliesSupreme Court of the United States · 1948
- State v. ColyerIdaho Supreme Court · 1976
- State v. CarrascoIdaho Supreme Court · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. MaxeyIdaho Supreme Court · 1994
- State v. MaxeyIdaho Supreme Court · 1994