 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Rod v. State7/30/2004
sh a constitutional flaw in those convictions, we hold that it was Rod's burden to present some evidence that his prior convictions were constitutionally flawed.
(We are using the term "some evidence" in the technical sense of "evidence which, when viewed in the light most favorable to the defendant, is sufficient to support a finding in the defendant's favor ... on each element of the [defendant's claim]". We do not reach the further question of whether, had Rod presented some evidence that his prior convictions were constitutionally invalid, he would bear the ultimate burden of proof on this issue.)
Rod failed to meet this burden of production. Rod relied on the supreme court's decision in Crutchfield, but he did not present any evidence that Crutchfield casts doubt on the validity of his prior DWI convictions - i.e., no evidence that he was prosecuted under the invalid "substantially similar composition" clause of the regulation. We therefore hold that the district court could rely on Rod's prior convictions when assessing Rod's mandatory minimum sentence.
Conclusion
The judgment of the district court is AFFIRMED.
Page 1 2 3 4 5 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|