State v. Mesenbrink

SHEPARD, Chief Justice.

This is an appeal by the State from the trial judge’s midtrial dismissal of a felony charge of driving a motor vehicle while under the influence of alcohol. The sole question presented is the quantum of proof necessary to establish that prior to the instant case a defendant has been validly convicted of two previous driving under the influence charges within the previous five years. See I.C. § 18-8005(3). The trial judge held that the prosecution had failed to present such necessary proof. We dismiss the State’s appeal.

This case came on for trial before a jury, and…