Legal Opinion
State v. Simpson
Court of Appeals of Alaska
Decided August 16, 2002No. A-8028PublishedCited by 15 opinions
1Opinion of the Court
OPINION
MANNHEIMER, Judge.
Brian Simpson is charged with driving while intoxicated in Anchorage in September 2000. Because Simpson has two prior convictions for "driving under the influence" in Montana, the State indicted him for felony DWI under AS 28.35.030(n) (third offense within five years). 1 But Simpson questions whether his Montana convictions can properly be used as predicate convictions to support the Alaska felony DWI charge.
Under AS 28.35.030(0)(4), a conviction from another state can serve as a predicate for a felony DWI conviction in Alaska if the other state's law requires proof…
2Cases cited13 opinions
- Montana v. EgelhoffSupreme Court of the United States · 1996
- Smith v. State, Texas Court of Appeals, 14th District (Houston)2001
- Neitzel v. StateCourt of Appeals of Alaska · 1982
- State v. EgelhoffMontana Supreme Court · 1995
- State v. KorellMontana Supreme Court · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Solomon v. StateCourt of Appeals of Alaska · 2010
- Valentine v. StateCourt of Appeals of Alaska · 2007
- Palmer v. StateCourt of Appeals of Alaska · 2016
- Timothy v. StateCourt of Appeals of Alaska · 2004
- McCarthy v. StateCourt of Appeals of Alaska · 2012
10 more not listed; retrieve them via the Exa API.