properly charged with felony DUI. See Ostrander v. State, 803 So.2d 1172, 1175 (¶¶ 8-9) (Miss.2002) (discussing the holdings of three felony DUI cases, stating that “a prior conviction is a necessary element of the underlying charge” and holding that “a prior DUI conviction is a necessary element of a DUI second offense”) (emphases added); Rigby v. State, 826 So.2d 694, 702(¶ 6) (Miss.2002) (stating that “[p]rior DUI convictions are elements of a felony DUI charge and are required to be submitted to a jury”) (emphasis added); Williams v. State, 708 So.2d 1358, 1362 (Miss.1998) (addressing an argument regarding an indictment, stating “the underlying prior convictions that raised his third offense DUI to a felony charge”) (emphasis added); Weaver v. State, 713 So.2d 860, 865 (Miss.1997) (<HOLDING>) (emphasis added); McIlwain v. State, 700 So.2d
holding that the defendant was not guilty of felony dui because the state was unable to prove that the defendant had three prior dui convictions but remanding the case to the circuit court for resentencing without reference to any potential jurisdictional problem holding that the defendant failed to carry his burden of proving the invalidity of the waivers of counsel for prior colorado convictions holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction holding state can obtain dui conviction by proving circumstantially that defendant drove while intoxicated to place where he relinquished actual physical control of vehicle holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction