Brown v. State

Judge MANNHEIMER.

A person's criminal conviction in another state counts as a "prior felony conviction" for purposes of Alaska's presumptive sentencing laws if the elements of the out-of-state offense are similar to the elements of a felony defined by Alaska law (as determined at the time the prior offense was committed). See AS 12.55.145(a)(1)(B). The question presented in this appeal is whether the Montana offense of felony driving under the influence is sufficiently similar to the Alaska version of felony DUI to qualify as a "prior felony conviction".

The defendant in this case, Jeffrey L.…