Molina v. State

OPINION

MANNHEIMER, Judge.

Ricardo Molina was convicted of felony driving under the influence-that is, driving under the influence when he had two or more prior convictions for DUI or breath-test refusal within the preceding ten years.1 To prove the predicate prior convictions, the State relied on a prior DUI conviction that Molina had in Arizona.

AS 28.35.080(t)(4)(A) declares that a DUI conviction from another state counts as a prior conviction for purposes of Alaska's felony DUI statute if the other state's DUI law has elements that are "similar" to the elements of DUI under Alaska law-that…