State v. Schmoll

GUTIERREZ, Judge.

Christian F. Schmoll appeals from his judgment of conviction for felony driving under the influence of alcohol, entered upon his conditional guilty plea preserving the right to appeal the denial of his motion in limine. We affirm.

I

BACKGROUND

In February 1999, Schmoll was arrested for driving under the influence of alcohol (DUI) in Montana, and thereafter was convicted of a felony DUI in September 1999. This was Sehmoll’s fourth DUI offense. In Montana, a fourth or subsequent DUI conviction within the defendant’s lifetime is automatically a felony. Schmoll had previously been…