State v. M. Krebs

¶1 Marte Krebs and the State contest whether one of Krebs’s prior convictions is a “qualifying conviction” that allowed the State to charge him with a felony for his most recent driving under the influence (DUI) violation. Krebs challenged the prior conviction’s applicability, arguing that the State failed to meet its burden of showing that the prior conviction could be used to enhance the penalty for his conviction to a felony. The District Court disagreed and imposed a felony sentence.

¶2 We reverse because the State had the burden of demonstrating the existence of qualifying convictions for…