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State v. McCraine5/16/2003
Accordingly, we conclude that knowledge of the revocation of a driver's license is an element of the offense set forth in West Virginia Code § 17B-4-3(b) of driving while one's license is revoked for DUI. Prima facie evidence of knowledge of the revocation of a license to drive a motor vehicle is established by the State offering proof of mailing the notice of revocation to the licensee in compliance with West Virginia Code §§ 17C-5A-1 (1994) and 17A-2-19 (1951), (Repl. Vol. 2000). Defendants in such situations may rebut the inference of knowledge of the revocation, although lack of knowledge must be the result of something other than a defendant's wrongful or dilatory conduct. Consequently, failure to notify the Division of Motor Vehicles of a change in address as required by West Virginia Code § 17B-2-13 (1951) (Repl. Vol. 2000) or eluding delivery of the notice would not defeat the inference.
The State admits that it did not establish proof of notice of revocation in this case because knowledge had not been conclusively established as a necessary element of the charged offense. As a result of our decision requiring such proof and in order to provide the State the opportunity to comply with the conclusions we announce today, we reverse Appellant's conviction for driving revoked for DUI and remand the matter for a new trial. *fn18
E. Motion to Bifurcate
Appellant maintains that the lower court also erred by denying his motion to bifurcate the issues with respect to the third offense DUI charge so that a jury could decide the pending DUI charge without consideration of prior DUI convictions which he intended to challenge. Appellant's fundamental argument is that the lower court misinterpreted our decision in State v. Nichols, 208 W.Va. 432, 541 S.E.2d 310 (1999), by finding that Appellant did not mount a meritorious challenge against the legitimacy of a prior conviction. *fn19
Appellant more pointedly contends that this Court's failure in Nichols to define what constitutes a meritorious challenge to a prior conviction simply creates the illusion that criminal defendants in these cases have a meaningful alternative to stipulation to the prior convictions.
We review this matter de novo because the argument Appellant advances leads us to revisit our legal determination in State v. Nichols as it relates to the circumstances under which bifurcation is warranted in cases involving challenges to prior convictions as status elements of a recidivist crime such as second and subsequent offenses of DUI. State v. Dews, 209 W.Va. 500, 549 S.E.2d 694 (2001).
In Nichols, the primary issue presented regarding prior convictions was whether a criminal defendant was entitled to stipulate to such convictions, in order to remove the collateral offenses from jury consideration, despite the fact that the prior convictions were necessary elements of the crime charged. *fn20
In the event that his stipulation argument failed, Mr. Nichols proposed the alternative of a bifurcated trial so as to separate jury consideration of the underlying offense from the prior conviction evidence. Although this Court provided relief in Nichols based on the stipulation issue, we determined it necessary to also address the bifurcation issue "because to do otherwise suggests that a defendant is being forced to stipulate to a prior conviction status element or suffer having the jury be informed of the prior conviction." 208 W.Va. at 446, 541 S.E.2d at 324. We thereafter established the procedure by which criminal defendants who seek to challenge collateral conviction status elements separately from the underlying charge may obtain a bifurcated proceeding. This procedure, as set forth in syllab
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