STATE v. ALLEN

No. 35214-5-III.

425 P.3d 529 (2018)

STATE of Washington, Respondent, v. Brian Clifford ALLEN, Appellant.

Court of Appeals of Washington, Division 3.

Filed August 28, 2018.


Attorney(s) appearing for the Case

Joel Morris Penoyar , Attorney at Law, Edward Harry Penoyar , Attorney at Law, PO Box 425, South Bend, WA, 98586-0425, for Appellant.

Denis Paul Tracy , Whitman County Prosecutor, 400 N Main St., Colfax, WA, 99111-2031, Merritt Skylen Decker , Whitman County Prosecuting Attorney's Office, PO Box 30, Colfax, WA, 99111-0030, for Respondent.


PUBLISHED OPINION

¶ 1 A charge of driving under the influence (DUI) can be elevated from a misdemeanor to a felony based on a defendant's prior conviction for vehicular assault. But not all vehicular assault convictions are eligible for the enhancement. Vehicular assault is an alternative means crime and only one of the...

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