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State v. Morse12/21/2000
stablished the constitutional infirmity of the prior convictions. Brown, 18-19. We disagreed, again holding that the district court is in the best position to weigh conflicts in the evidence. Brown, 22. We also expressly declined to hold that the omission of a defendant's signature on an advisement or acknowledgment of rights form is conclusive evidence of constitutional infirmity. While the defendant's signature on an acknowledgment and waiver of rights form is the best evidence of an understanding and voluntary waiver of rights, it is but one factor to be considered in the totality of the circumstances. Brown, 19-20.
18 In the present case, as in Couture and Brown, the District Court was in the best position to determine the credibility of the witnesses and to weigh and resolve conflicts in the evidence. We conclude the District Court's finding that the totality of the circumstances established that Morse was advised of--and waived--his constitutional rights to an attorney during the 1991 DUI proceeding is supported by substantial credible evidence and is not otherwise clearly erroneous. Therefore, we hold the District Court did not err in concluding that Morse's 1991 DUI conviction could be used to enhance his sentence.
19 Affirmed.
We concur:
J. A. TURNAGE
W. WILLIAM LEAPHART
JIM REGNIER
TERRY N. TRIEWEILER
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