Marciniak v. State

OPINION

This is an appeal from a judgment of conviction pursuant to a guilty plea of one count of felony driving under the influence of alcohol with two prior convictions. In 1993, appellant was convicted, pursuant to a guilty plea, of a Michigan offense of “driving while visibly impaired” (“DWI”) due to the consumption of intoxicating liquor. Appellant contends that this conviction may not be used as a prior conviction occurring within seven years to enhance his Nevada conviction for driving under the influence. Driving while impaired is a lesser included offense of Michigan’s driving under…