243 P.3d 1089
Idaho Ct. App.2010Background
- Reed pled guilty to misdemeanor DUI in 2004 with a withheld judgment; later dismissed under I.C. 19-2604(1).
- In 2007 Reed was charged with an enhanced felony DUI (second within five years); he pled guilty to a misdemeanor first-offense DUI under a plea agreement.
- In 2008 Reed was charged with DUI under 18-8005(6) (two prior DUIs within ten years) and moved to dismiss, arguing the 2004 dismissal could not be used for enhancement.
- The district court denied Reed’s motion to dismiss; a jury later found him guilty of felony DUI under 18-8005(6).
- Reed appeals arguing the 2004 dismissal cannot be used for enhancement; the Court of Appeals affirms, holding the dismissal does not bar enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a guilty plea dismissed under 19-2604(1) be used for enhancement under 18-8005(6)? | Reed argues the 2004 dismissal expunged the record, preventing enhancement. | Reed argues for exclusion of the 2004 dismissal from the enhancement calculation. | Yes; dismissal under 19-2604(1) does not bar enhancement. |
Key Cases Cited
- State v. Deitz, 120 Idaho 755, 819 P.2d 1155 (Ct. App. 1991) (adjudication of guilt remains for enhancement under 18-8005(5) despite dismissal)
- State v. Perkins, 135 Idaho 17, 13 P.3d 344 (Ct. App. 2000) (registration act and conviction definition apply to dismissals; legislature’s intent governs)
- State v. Woodbury, 141 Idaho 547, 112 P.3d 835 (Ct. App. 2005) (withheld judgments treated as convictions under certain statutes; policy of preventing recidivism)
- State v. Parkinson, 144 Idaho 825, 172 P.3d 1100 (2007) (expansion of Deitz/Perkins rationale in related context)
- State v. Robinson, 143 Idaho 306, 142 P.3d 729 (Ct. App. 2006) (application of withholding judgment and conviction definitions)