State v. Barrett

delivered the Opirnon of the Court.

¶1 Gary Dennis Barrett (Barrett) appeals from an order of the Fifth Judicial District Court, Beaverhead County, denying his motion to dismiss a felony charge of Driving Under the Influence (DUI). Barrett argues that Idaho’s reduction, pursuant to a plea agreement, of Barrett’s third DUI conviction to a second DUI, precludes Montana from charging Barrett as a fourth DUI for sentencing purposes. We affirm.

¶2 We address the following issue appeal: Whether Barrett was properly sentenced as a fourth DUI offender when one of his predicate DUIs was reduced in Idaho…