Bradley v. State
In Bradley v. State, 197 P.3d 209 (Alaska App. 2008), the defendant pleaded no contest to a prior DUI offense more than ten years before he committed his current offense.8 But the date Bradley was sentenced was within the ten-year look-back period.
The Court explained the principle involved by quoting from prior similar cases:
The underlying rationale for imposing enhanced punishment on repeat offenders is the idea that a person is more blameworthy if they return to crime after being "judicially confronted with their prior misconduct and ... given an opportunity for reformation." The judicial confrontation and the opportunity for reformation occur at (and following) the defendant's sentencing.
Based on this principle, the Court concluded that Bradley's liability for felony DUI should be based on the date of his sentencing hearing rather than the date of his no contest plea.