State v. Perry

The defendant, Elmer Dale Perry, was charged by information, filed in the District Court for the Eighteenth Judicial District in Gallatin County, with the offense of driving under the influence of alcohol, in violation of § 61-8-401(l)(a), MCA. Based on his seven prior convictions for DUI, the information charged him with a felony, pursuant to §§ 61-8-714(4) and -722(4), MCA. He filed a motion in which he objected to the District Court’s consideration of his seven prior DUI’s for purposes of determining whether he is guilty of felony DUI. After a hearing, the District Court denied that…