The Idaho Supreme Court recently vacated a defendant’s DUI conviction because it was enhanced based on a prior conviction obtained in violation of the defendant’s Sixth Amendment right to counsel.
The State charged Farfan-Galvan with felony DUI on November 3, 2014. The DUI was charged as a felony because Farfan-Galvan had two prior DUI convictions, one from 2008 in Jerome County and one from 2010 in Twin Falls County. Farfan-Galvan moved to dismiss or remand the charge, based upon his claim that one of the 2010 convictions upon which the State relied to enhance the charge from a misdemeanor to a felony was obtained in violation of his Sixth Amendment rights. The district court denied the motion.