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State v. Marshall11/14/2003
ntence based on an instant conviction is not a direct consequence of a guilty plea."); People v. Marez, 39 P.3d 1190, 1193-94 (Colo.2002) ("It
is also well-settled that the consequences of subsequent acts by a defendant, even if those consequences are enhanced by an earlier guilty plea, are collateral rather than direct consequences of the earlier plea and therefore are not consequences of which the defendant must have been advised upon entering the earlier plea."); Ex parte Dumitru, 850 S.W.2d 243, 244-45 (Tex.App.1993) ("[I]t is well settled that a trial court is not required to admonish a defendant that the consequences of her plea include the possibility that the conviction which ensues from the plea might be used for enhancement purposes in a subsequent trial.").
**22 Furthermore, the "specific notice" Defendant claims he was entitled to in 1995, i.e., that in the future the Legislature would amend the DUI law so that a third DUI conviction in ten years would be charged as a third degree felony, would have been impossible to give. At most, the justice court can be responsible only for advising Defendant of the possibility of enhancement based on the DUI statute in force at the time of a future conviction, and again, Defendant has provided no evidence showing that he was not so advised.
**23 In any event, Defendant has not shown that he was constitutionally entitled to "specific notice" at the time of his prior DUI convictions that those offenses could be used to enhance his current DUI conviction to a third degree felony. Thus, Defendant's due process argument is unavailing.
CONCLUSION
**24 The trial court correctly determined that application of the enhancement provision of the 2001 amendment to Defendant's current DUI conviction violates neither the ex post facto nor due process clauses of the United States Constitution.
**25 Affirmed.
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