Considered on Briefs February 18, 2014.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT YANKTON COUNTY, SOUTH DAKOTA. THE HONORABLE CHERYLE W. GERING, Judge.
MARTY J. JACKLEY, Attorney General, ANN F. MINES, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.
KEVIN J. LOFTUS of Kennedy, Pier, Knoff & Loftus, LLP, Yankton, South Dakota, Attorneys for defendant and appellant.
WILBUR, Justice. GILBERTSON, Chief Justice, and KONENKAMP, ZINTER and SEVERSON, Justices, concur.
[¶1] Steven Rene Hernandez appeals his conviction for fourth offense driving under the influence. We affirm.
FACTS AND PROCEDURAL BACKGROUND
[¶2] On January 8, 2012, law enforcement observed Hernandez commit a traffic violation and stopped the vehicle that Hernandez was driving. During the stop, the officer learned that Hernandez's driver's license had been revoked and observed that Hernandez was exhibiting signs of intoxication. As a result of his observations, the officer conducted a variety of field sobriety tests and administered a PBT test. The PBT test revealed that Hernandez had a blood alcohol content of 0.176. Hernandez was arrested for driving under the influence and driving with a revoked license.
[¶3] Hernandez was charged by criminal complaint on January 9, 2012, with the crime of driving while under the influence of an alcoholic beverage six times within a ten-year period in violation of SDCL 32-23-1(1) and SDCL 32-23-4.7, and in the alternative, driving under the influence of an alcoholic beverage six times within a ten-year period in violation of SDCL 32-23-1(2) and SDCL 32-23-4.7. Hernandez was also charged with driving while his license was revoked in violation of SDCL 32-12-65(1).
[¶4] On January 12, 2012, a grand jury indicted Hernandez with the same
offenses. A part II information was filed alleging that Hernandez had been previously convicted of driving under the influence on at least four prior occasions within a ten-year period.
[¶5] An amended part II information was filed on February 7, 2012. The amended part II information alleged that Hernandez had been previously convicted of driving under the influence on at least three ...