State v. M. Krebs, 2016 MT 288

Marte Krebs was charged in 2014 with felony DUI based on an alleged fourth qualifying DUI conviction (prior convictions alleged from 1988 (ND), 1991 (MT), and 2006 (ND)).
Krebs moved to challenge whether his 1988 North Dakota DUI was a qualifying prior conviction for enhancement, arguing the State bore the burden to prove it qualified.
The North Dakota court file was destroyed; only a register of actions showed a 1988 DUI conviction but did not specify whether it was a BAC conviction or an "under the influence" conviction.
Under Montana law at the time of the 1988 offense, a BAC conviction could be expunged if not followed by another BAC conviction within five years, which would prevent it from counting for enhancement.
The District Court placed the burden on Krebs to prove the 1988 conviction did not qualify and denied his motion; Krebs pleaded guilty to felony DUI while reserving the right to appeal.
The Montana Supreme Court reversed, holding the State failed to prove the prior conviction was a qualifying conviction for enhancement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State must prove a prior conviction qualifies for DUI enhancement	State: Once the fact of a prior conviction is produced (register of actions), the defendant must show the prior conviction is invalid or non-qualifying (relying on Maine)	Krebs: State bears burden to prove the prior conviction qualifies as a predicate; an inadequate record cannot satisfy that burden	Court held the State bears the burden to prove the prior conviction is a qualifying conviction and failed to meet that burden; reversal ordered

State v. Burns, 361 Mont. 191 (2011) (standard of review for use of prior convictions in enhancement)
State v. Maine, 360 Mont. 182 (2011) (procedure for collateral constitutional attacks on prior convictions and allocation of burden when validity is challenged)
State v. Okland, 283 Mont. 10 (1997) (once state proves fact of prior conviction, allocation of burden in constitutional infirmity challenges)
State v. Sidmore, 286 Mont. 218 (1997) (holding that isolated BAC convictions could be expunged and not counted toward enhancement)
State v. Lamere, 202 Mont. 313 (1983) (requirement of competent proof to establish existence of prior convictions in sentencing)
State v. Nelson, 178 Mont. 280 (1978) (State must present evidence of prior convictions at sentencing)
Parke v. Raley, 506 U.S. 20 (1992) (U.S. Supreme Court authority on burden/allocation principles cited in Montana precedent)