Uriega v. State
I just got through reading the Uriega case. The way that I read the case is that the ten year rule applies to the length bewteen each prior conviction that is being used to enhance the offense to a felony DWI.
Therefore, if your offense occured on 3/1/04 and you had a prior offense in 2/1/00 and 1/1/89, you are now restricted to at best a DWI 2nd rather than a DWI 3rd (This is assuming that the 1/1/89 conviction had no probationary term that would bring to within 10 years of the 2/1/00 prior conviction).
What are other jurisdictions doing based on this opinion. Filing as DWI 2nd under this scenario, filing as DWI 3rds?
Is PDR forthcoming from the State?