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State v. Gober9/18/2001
y ten years prior to July 3, 1991 and just days shy of twenty years prior to the instant conviction, defendant had another prior conviction on July 3, 1981. Defendant X should be charged with third offense driving under the influence.
This defendant's argument directly contradicts the existence of the twenty-year limit contained in the statue. Hence, rendering the twenty- year limit inapplicable. We agree with the State that as long as this matter is concluded on or before May 22, 2004 -- twenty years from the oldest prior conviction - none of the defendant's convictions are excluded from consideration for enhanced punishment. Applying our analysis to the instant case, we first assume that the defendant's instant conviction occurs on or before May 22, 2004. This defendant had a prior conviction for DUI on May 14, 1998, which is within ten years of the instant conviction. Furthermore, there is no period greater than ten years between any of the defendant's prior preceding convictions.
Therefore, all convictions occurring within twenty years from the date of the instant conviction may be considered in determining the defendant's multiple offense status. Count two of the indictment charging this defendant with ninth offense driving under the influence is correct.
Conclusion
We conclude the trial court erred in amending the indictment to charge third offense driving under the influence and we reinstate the original indictment charging the defendant with ninth offense driving under the influence.
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