473 P.3d 796
Idaho2020Background
- In 2006 Winkler was convicted of felony DUI; he was pardoned by the Idaho Commission of Pardons and Parole in 2017.
- In January 2019 Winkler was charged with DUI and the State sought to enhance the charge to a felony under I.C. § 18‑8005(9) based on the 2006 conviction.
- Winkler moved to dismiss, arguing the 2017 pardon precluded use of the 2006 conviction for enhancement.
- The district court denied dismissal, distinguishing a pardon (which relieves punishment) from amnesty (which obliterates criminality), but certified the question for interlocutory appeal.
- The Idaho Supreme Court reviewed whether a pardon removes collateral consequences so that a pardoned prior DUI cannot be counted under I.C. § 18‑8005(9); it reversed the district court and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a prior felony DUI pardoned by the Commission may be used to enhance a later DUI to a felony under I.C. § 18‑8005(9) | Pardons do not erase convictions; statute applies to anyone who "has pled guilty to or has been found guilty" within 15 years regardless of pardon. | A pardon relieves punishment and removes the effects/collateral consequences of conviction, so a pardoned prior cannot be used for enhancement. | The Court held a pardon removes penalties and legal consequences stemming from a conviction; a pardoned DUI cannot be used to enhance under I.C. § 18‑8005(9). Case reversed and remanded. |
Key Cases Cited
- Standlee v. State, 96 Idaho 849 (1975) (pardon does away with punishment and effects of guilt)
- Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866) (full pardon releases punishment and, when full, blots out guilt and restores civil rights)
- Illinois Cent. R. Co. v. Bosworth, 133 U.S. 92 (1890) (discussion of pardon effects contemporaneous with Idaho Constitution)
- Ex Parte Prout, 12 Idaho 494 (1906) (describing board of pardons as a clemency body)
- State v. Baucom, 531 S.E.2d 922 (S.C. 2000) (pardoned conviction cannot be used for statutory enhancement)
- Ex parte Casey, 852 So.2d 175 (Ala. 2002) (full pardon removes guilt and legal disabilities)
- Duncan v. State, 494 S.W.2d 127 (Ark. 1973) (pardoned conviction not available for sentence enhancement)