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STATE v. MAXEY

No. 20812.

873 P.2d 150 (1994)

125 Idaho 505

STATE of Idaho, Plaintiff-Respondent, v. Gary D. MAXEY, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 1994 Term.

April 21, 1994.

Attorney(s) appearing for the Case

Clark and Feeney, Lewiston, for appellant. P. Tom Clark argued.

Larry EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, argued, for respondent.

JOHNSON, Justice.

This is a driving under the influence (DUI) case. The primary issues presented concern whether the state should have been allowed to use two prior misdemeanor DUI convictions as the basis for the felony DUI charge in this case. We conclude that the state was not precluded from relying on the two prior convictions.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

In June 1990, a Lewiston police officer arrested Gary D. Maxey for...

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