State v. Strawn

Summary

The Montana Supreme Court affirmed Bruce Douglas Strawn’s felony DUI conviction. The court held that his challenge to the use of prior DUI convictions for felony enhancement was controlled by settled Montana law, under which a bare assertion that a defendant was not advised of the dangers and disadvantages of self-representation does not overcome the presumption that the prior convictions were valid.

Holdings

1. A bare assertion that the defendant was not specifically advised of the dangers and disadvantages of proceeding without counsel is insufficient to overcome the presumption that the prior DUI convictions were valid and therefore could be used in charging the current DUI as a felony.

Questions Presented

1. Whether prior DUI convictions may be used to enhance a current DUI charge to a felony when the defendant asserts that the prior courts failed to advise him of the dangers and disadvantages of self-representation after he waived counsel and pleaded guilty.

Disposition

affirmed