State v. Nash

OPINION

ROBINSON, Judge.

{1} By statute, a defendant’s sentence for driving while intoxicated (DWI) will be enhanced upon proof of prior, valid convictions for DWI. The State appeals the district court’s ruling that it could not enhance Defendant James Nash’s sentence for DWI based on the invalidity of one of his prior convictions for DWI. The State argues that the district court erred for two reasons: (1) the district court considered an oral statement by Defendant’s attorney as evidence; and (2) Defendant is barred from collaterally attacking his ten-year old, prior conviction because his…