State v. Rufenacht

OPINION

LACAGNINA, Chief Judge.

In 1982 Thomas Eugene Rufenacht was convicted by a jury in absentia of driving under the influence on a suspended license, a class 6 felony. He was eventually apprehended and sentenced on August 3, 1987, when the trial court placed him on supervised probation for three years with the condition that he serve 60 days in jail.

Rufenacht argues he was entitled to a dismissal of the felony charge, because the state failed to prove that he had been given notice that his license had been suspended. We agree and reverse.

Rufenacht’s license had been suspended in April 1981…