Legal Opinion

Protz v. State

Wyoming Supreme Court

Decided March 1, 2019No. S-18-0097; S-18-0121PublishedCited by 1 opinion

1Opinion of the Court

BOOMGAARDEN, Justice.

[¶1] Pursuant to a plea agreement, Andrew Franklin Protz pled guilty to the crime of driving while under the influence (DWUI)-fourth offense in ten years. On appeal, Mr. Protz contends the charging document (Information) failed to state a felony offense because it did not allege three prior offenses resulting in convictions within the ten-year lookback period as required by Wyo. Stat. Ann. § 31-5-233(e) (LexisNexis 2017). We conclude that the Information plainly charged Mr. Protz with a fourth offense felony DWUI, thereby invoking the district court's subject matter…

2Cases cited16 opinions

  1. Evans v. StateWyoming Supreme Court · 1982
  2. State Ex Rel. Motor Vehicle Division v. HoltzWyoming Supreme Court · 1983
  3. Ochoa v. StateWyoming Supreme Court · 1993
  4. Davila v. StateWyoming Supreme Court · 1992
  5. Munoz v. MaschnerWyoming Supreme Court · 1979

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3Cited by1 opinion

  1. Lonnie Lee Dahl v. The State of WyomingWyoming Supreme Court · 2020

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