State v. Probst

This is a case of felony driving under the influence of intoxicants (DUII). The offense is a felony because defendant has been convicted of DUII on three previous occasions. Each of those three predicate convictions is an element of the charged offense. Defendant, however, has collaterally attacked the constitutional validity of one of the predicate convictions. The issue before us is whether the burden of persuasion respecting the alleged constitutional invalidity of that predicate offense falls on the state (to refute the allegation), or on the defendant (to prove it). For the reasons that…