STATE v. BLACKSHER
371 P.3d 1131
| Okla. Crim. App. | 2016Background
- Kevin Dale Blacksher was charged with felony DUI (after two prior DUI convictions) and several misdemeanors in Lincoln County, OK; the State filed a Second Page Supplemental Information alleging seven priors, five of which were non-DUI felonies.
- Two prior DUI misdemeanors elevated the current DUI to a felony under Title 47.
- The State sought further enhancement of sentence range under the Habitual Offender Act, 21 O.S. § 51.1, based on the five non-DUI felony convictions.
- Blacksher moved to quash the second page, arguing only Title 47 priors may be used to enhance punishment for a DUI; the trial court granted the motion and struck the supplemental information.
- The State appealed under 22 O.S. § 1053(1); the Court of Criminal Appeals reversed, holding non-DUI felony priors may be used to enhance punishment under § 51.1 when the defendant has mixed prior convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non-Title 47 (non-DUI) prior felonies can enhance punishment for a felony DUI under 21 O.S. § 51.1 | State: § 51.1 (general habitual offender statute) may be used to enhance sentence where prior convictions are non-DUI felonies | Blacksher: Only Title 47 prior DUI convictions may enhance punishment for a DUI; non-Title 47 priors are inapplicable | The court held § 51.1 may be used to enhance punishment for DUI when non-Title 47 felony priors exist; trial court abused discretion in quashing the supplemental information |
Key Cases Cited
- Cooper v. State, 806 P.2d 1136 (Okla. Crim. App. 1991) (permitting prosecution to elect enhancement under general habitual-offender statute when defendant has mixed related and nonrelated priors)
- Kolberg v. State, 925 P.2d 66 (Okla. Crim. App. 1996) (specific provisions of Title 47 govern when they expressly conflict with general enhancement statute)
- Broome v. State, 440 P.2d 761 (Okla. Crim. App. 1968) (noting limits when all priors are within the same statutory scheme)
- Novey v. State, 709 P.2d 696 (Okla. Crim. App. 1985) (prosecution may elect § 51 or a specific drug statute when priors include both drug-related and non-drug felonies)
- Hayes v. State, 550 P.2d 1344 (Okla. Crim. App. 1976) (punishment for a specific offense can be enhanced under § 51 when alleged priors are nonrelated felonies)
- Newlun v. State, 348 P.3d 209 (Okla. Crim. App. 2015) (addresses conflicts within Title 47; not controlling on the § 51.1 enhancement question in this case)