CITY OF BREMERTON v. TUCKER

No. 31206-9-II.

103 P.3d 1285 (2005)

CITY OF BREMERTON, Respondent, v. Ledell TUCKER, Appellant.

Court of Appeals of Washington, Division 2.

January 11, 2005.


Attorney(s) appearing for the Case

Eric Michael Fong, Rovang Fong & Associates, Port Orchard, WA, for Petitioner.

Kenneth W. Bagwell, Kitsap Co. Prosecutors Office, Port Orchard, WA, for Respondent.


HUNT, J.

Ledell Tucker appeals his mandatory, 24-month, statutory minimum sentence enhancement for driving-under-the-influence (DUI), based on a prior deferred DUI prosecution. He argues that the sentence enhancement violates due process because it relieves the State of its burden to prove all criminal conduct beyond a reasonable doubt. Holding that the DUI sentence-enhancement statute does not violate due process, we affirm...

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