2016 OK CR 8
Okla. Crim. App.2016Background
- Kevin Dale Blacksher was charged with felony DUI (based on two prior DUI misdemeanors), plus misdemeanors for driving with a suspended license, failure to carry insurance/verification, and speeding.
- The State filed a second-page supplemental information alleging seven prior convictions: two prior DUI misdemeanors (used to elevate the charge to felony DUI) and five non-DUI felonies (second-degree burglary; felony possession of marijuana — second offense; three counts of knowingly concealing stolen property).
- The State sought to use the five non-DUI felony convictions to further enhance felony DUI sentencing under the general habitual-offender statute, 21 O.S. § 51.1.
- Defense moved to quash the supplemental information, arguing only Title 47 (DUI-related) priors could be used to enhance a Title 47 DUI charge. The trial court granted the motion and struck the second page.
- 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 where some priors are non-Title 47 offenses.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Blacksher) | Held |
|---|---|---|---|
| Whether non-Title 47 priors may enhance a DUI sentence under 21 O.S. § 51.1 | § 51.1 may be used to enhance punishment; prosecutor may elect general enhancement when priors include non-DUI felonies | Only Title 47 priors can enhance a Title 47 DUI charge; Title 47 controls and limits enhancement to Title 47 convictions | Reversed trial court: non-DUI felony priors may be used under § 51.1 to enhance the DUI sentence when priors are not all Title 47 offenses |
Key Cases Cited
- Cooper v. State, 806 P.2d 1136 (1991) (prosecutor may elect enhancement under general habitual-offender statute or the specific statute when prior convictions include both related and unrelated offenses)
- Kolberg v. State, 925 P.2d 66 (1996) (specific Title 47 provisions govern over general statutes when the specific statute contains differing language; addressed temporal limitation for prior Title 47 convictions)
- Newlun v. State, 348 P.3d 209 (2015) (interpreting conflicts within Title 47; specific aggravated provisions control within Title 47)
- Broome v. State, 440 P.2d 761 (1968) (prior Title 47 convictions alone must be used under Title 47 for certain enhancements)
- Novey v. State, 709 P.2d 696 (1985) (where defendant has drug-related and non-drug-related priors, prosecution may elect enhancement under either general § 51 or the specific controlled-substances statute, but not both)
- Hayes v. State, 550 P.2d 1344 (1976) (punishment for a statutory offense may be enhanced under § 51 when alleged priors are non-related felonies)