Friday, June 29, 2012

Summary 2012 WY 88

Summary of Decision June 20, 2012

Justice Burke delivered the opinion for the Court. Affirmed.

Case Name: Kristen N. Spreeman v. The State of Wyoming

Docket Number: S-11-0237

Appeal from the District Court of Campbell County, Honorable Michael N. Deegan, Judge

Representing Appellant (Plaintiff/Defendant): Diane M. Lozano, State Public Defender; Tina N. Olson, Appellate Counsel. Argument by Ms. Olson.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jackson M. Engels, Assistant Attorney General. Argument by Mr. Engels.

Date of Decision: June 20, 2012

Facts: Appellant, Kristen N. Spreeman, challenged her conviction of felony driving while under the influence (DWUI) in violation of Wyo. Stat. Ann. §§ 31-5-233(b)(iii)(A) and (e). She claimed that she did not have three prior qualifying convictions, as required by Wyo. Stat. Ann. § 31-5-233(e), to enhance her DWUI conviction to a felony.

Issues: Appellant presented the following issue:

Did the trial court err in denying Appellant’s motion to dismiss the felony “DUI” charge against her, since she did not have three prior qualifying convictions?

The State phrases the issue as follows:

Under Wyo. Stat. Ann. § 31-5-233(e), driving while under the influence becomes a felony if a defendant has three prior convictions in this or any other state under a law prohibiting “driving while under the influence.” One of Spreeman’s three previous Michigan convictions is for driving while “visibly impaired.” Is Michigan’s prohibition against driving while “visibly impaired” a law that prohibits driving “while under the influence,” for purposes of sentencing enhancement under Wyo. Stat. Ann. § 31-5-233(e)?

Holdings: Affirmed.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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