State v. Smith

GILBERTSON, Chief Justice.

[¶ 1.] In this appeal, Defendant Mark Smith challenges the validity of a Part II Information filed against him that alleged Smith had previously been convicted of two DUI offenses. He claims the predicate convictions were invalid due to the courts’ lack of subject matter jurisdiction. Smith also appeals the circuit court’s denial of his request for a suspended imposition of sentence, claiming that the statute relied on by the court violated the constitutional prohibition against ex post facto legislation. We affirm.

Facts and Procedural History

[¶ 2.] Smith was…