OSKOLKOFF v. State

OPINION

COATS, Chief Judge.

The State charged Ashley T. Oskolkoff with the offense of "habitual minor consuming" because, while under the age of twenty-one, she consumed alcoholic beverages and she had several prior convictions for minor consuming. 1 In the district court, Oskolkoff argued that the existence of prior convictions was an clement of the offense, and that therefore this question was for the jury, with the State having to prove the prior convie-tions beyond a reasonable doubt. District Court Judge Gregory Motyka rejected this argument, concluding that a defendant's pri- or…