Legal Opinion
State v. Gahner
North Dakota Supreme Court
Decided September 29, 1987No. Cr. 870048PublishedCited by 21 opinions
1Opinion of the Court
MESCHKE, Justice.
Steven Gahner was convicted of driving while under the influence of intoxicating liquor (DUI) 1 and sentenced for a class A misdemeanor as a third-time offender. On this appeal, Gahner claims that he did not receive notice of the State’s proposed use of his prior convictions to increase the charge and enhance his sentence. We agree. Therefore, we vacate his sentence and remand for resentencing.
Gahner was charged with driving “while under the influence of alcoholic beverage and or with a BAC above .10% All in violation of Sec 39-08-01 of the N.D. Century Code ...” by a uniform…
2Cases cited5 opinions
- Oyler v. BolesSupreme Court of the United States · 1962
- State v. OrrNorth Dakota Supreme Court · 1985
- United States v. Timothy W. KearneyCourt of Appeals for the Ninth Circuit · 1984
- State v. EdingerNorth Dakota Supreme Court · 1983
- State v. RubleNorth Dakota Supreme Court · 1950
3Cited by21 opinions
- State v. SaulNorth Dakota Supreme Court · 1989
- Morrell v. North Dakota Department of TransportationNorth Dakota Supreme Court · 1999
- City of Grand Forks v. MataNorth Dakota Supreme Court · 1994
- City of Fargo v. BommersbachNorth Dakota Supreme Court · 1994
- City of West Fargo v. HawkinsNorth Dakota Supreme Court · 2000
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