Phillips v. State

OPINION

ALLARD, Judge.

A jury convieted Michael Wayne Phillips of felony driving under the influence, a class C felony. Phillips's offense was a felony because he had two prior out of-state convictions for driving under the influence-a 2004 conviction in Texas and a 2007 conviction in California.

Phillips argues that his Texas conviction should not count as a prior conviction under Alaska law because the Texas statute under which he was convicted is not sufficiently similar to the Alaska statute. Phillips contends that the Texas statute criminalizes a much broader range of conduct than the…