State v. Brewster

The Supreme Court reversed Defendant’s conviction for operating while intoxicated (OWI), second offense, and the sentence imposed on the OWI second offense charge. Defendant was convicted of the charge after he stipulated that he had previously been convicted of OWI. On appeal, Defendant argued, among other things, that the district court failed to engage in a sufficient colloquy to ensure the stipulation was made voluntarily and intelligently. The Supreme Court agreed, holding that the prior conviction stipulation colloquy was insufficient to establish that Defendant’s stipulation was voluntarily and knowingly made. The court remanded the case for prior offense enhancement proceedings consistent with this opinion. View "State v. Brewster" on Justia Law