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PHILLIPS v. STATE

No. A-11173.

330 P.3d 941 (2014)

Michael Wayne PHILLIPS, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

July 3, 2014.

Attorney(s) appearing for the Case

Catherine Boruff , 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 Michael C. Geraghty , Attorney General, Juneau, for the Appellee.

Before: MANNHEIMER, Chief Judge, ALLARD, Judge, and HANLEY, District Court Judge.

OPINION

ALLARD, Judge.

A jury convicted 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...

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