 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Homegun11/12/2004
David L. Homegun (Homegun) appeals the judgment of the Ninth Judicial District Court, Glacier County, denying his motion to dismiss his felony DUI charge on the basis that the two previous DUI convictions used to enhance his charge were constitutionally infirm. The District Court determined, in pertinent part, that the "quality and quantum of evidence" presented by Homegun was insufficient to rebut "the presumption of regularity of the June 1990 and March 1992 Justice Court proceedings."
After careful review of the briefs, the record, and the District Court's denial of his Motion to Dismiss, we are satisfied that insufficient evidence exists to support Homegun's argument that his prior pleas were not knowing and intelligent. We hold that the District Court's denial of Homegun's Motion to Dismiss was correct and that the appeal is without merit.
Therefore, the District Court's decision is affirmed.
Page 1 Montana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|