State v. Hancock, 364 P.3d 1258

Hancock was charged in 2013 with felony DUI (fourth or subsequent) based on three prior DUI convictions (1999, twice in 2004).
Hancock moved to dismiss the 1999 municipal-court DUI conviction, alleging a Sixth Amendment denial of counsel at that proceeding.
The Great Falls Municipal Court (1999) was not a court of record; only docket sheet entries showed rights advisals and an initial refusal of appointed counsel.
Hancock submitted an affidavit claiming he first pled not guilty, said he would retain counsel, later requested appointed counsel but was denied as untimely, and ultimately pled guilty on the trial date.
The District Court held an evidentiary hearing; Judge Nancy Luth (the 1999 judge) testified she had no specific recollection but described her usual practice (would appoint counsel if requested before trial) and the docket showed Hancock declined appointed counsel at initial appearance.
The District Court denied the motion to dismiss; Hancock reserved appeal of that denial and pled guilty to the DUI per se offense as his fourth DUI.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 1999 DUI conviction is constitutionally infirm such that it cannot be used to enhance to a felony	State: The 1999 conviction is presumptively valid and admissible absent affirmative evidence of constitutional infirmity	Hancock: His sworn affidavit and testimony show he timely requested appointed counsel and was denied, rendering the conviction invalid	Court: Affirmed — Hancock failed to meet his burden by preponderance; his self-serving statements were not sufficient and District Court findings not clearly erroneous
Whether the District Court judgment misstates the 1999 conviction as a DUI rather than a DUI per se	State: (implicit) clerical error does not affect validity of enhancement	Hancock: The judgment should reflect the actual offense of conviction to avoid confusion	Court: Remanded to correct the clerical error so judgment states the correct offense

State v. Maine, 360 Mont. 182, 255 P.3d 64 (presumption of validity for prior convictions; burden to prove invalidity)
State v. Haas, 363 Mont. 8, 265 P.3d 1221 (cannot rely on constitutionally infirm conviction for enhancement)
State v. Okland, 283 Mont. 10, 941 P.2d 431 (framework for collateral challenges to prior convictions)
State v. Howard, 312 Mont. 359, 59 P.3d 1075 (sworn affidavit can be direct evidence to challenge prior conviction)
State v. Walker, 344 Mont. 477, 188 P.3d 1069 (same principle regarding affidavits)
State v. Nixon, 367 Mont. 495, 291 P.3d 1154 (self-serving affidavit insufficient to overcome presumption without additional evidence)
State v. Goff, 359 Mont. 107, 247 P.3d 715 (court may correct clerical errors on remand)