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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 33349 STATE OF IDAHO, Plaintiff-Respondent, v. CHRISTIAN F. SCHMOLL, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) 2007 Opinion No. 77 Filed: November 7, 2007 Stephen W. Kenyon, Clerk

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Fred M. Gibler, District Judge. Judgment of conviction for felony driving under the influence of alcohol, affirmed. Redal and Redal, Coeur d'Alene, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ______________________________________________ GUTIERREZ, Judge Christian F. Schmoll appeals from his judgment of conviction for felony driving under the influence of alcohol, entered upon his conditional guilty plea preserving the right to appeal the denial of his motion in limine. We affirm. I. BACKGROUND In February 1999, Schmoll was arrested for driving under the influence of alcohol (DUI) in Montana, and thereafter was convicted of a felony DUI in September 1999. This was

Schmoll's fourth DUI offense. In Montana, a fourth or subsequent DUI conviction within the defendant's lifetime is automatically a felony. Schmoll had previously been convicted of DUI in Montana in 1998, and had Washington DUI convictions in 1993 and 1994. Schmoll was arrested in Idaho for DUI in February 2005. He was charged with violating Idaho Code

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