People v. Ortiz

*603OPINION OF THE COURT

Lewis L. Douglass, J.

This is a motion to dismiss the indictment on the grounds that the defendant was not given notice of the District Attorney’s intent to present the matter to the Grand Jury.

The defendant was initially charged with driving while intoxicated (DWI) at the misdemeanor level. He now argues that irrespective of how the prosecutor charged him, because of a prior conviction for the same offense he should have been charged in the criminal court at the felony level, which would have given him the right to notice from the District Attorney as to his intent to…