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EBERHARDT v. STATE

No. A-10546.

275 P.3d 560 (2012)

Robert EBERHARDT, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 4, 2012.

Attorney(s) appearing for the Case

Tracey Wollenberg , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for the Appellant.

Diane L. Wendlandt , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and John J. Burns , Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and BOLGER, Judges.

OPINION

BOLGER, Judge.

In 2009, Robert Eberhardt was convicted of felony driving under the influence of alcohol. This offense required the State to prove that Eberhardt had two prior DUI convictions within the preceding ten years. In this appeal, Eberhardt argues that one of his prior convictions was too old to be counted.

In 1994, Eberhardt was charged with driving under the influence in Cowlitz County, Washington. This charge remained unresolved...

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