Idaho's Court of Appeals has rejected an appeal from an Ada County man, William Howard Locke, who challenged his felony prosecution for a third DUI because his third offense actually occurred after the one for which he was hit with the enhanced penalty. But it was his third conviction - he was first convicted of his first DUI, then convicted of the third offense, then convicted of the second. "Idaho Code ... makes a third DUI conviction within ten years a felony, regardless of the sequence of arrests," Judge David Gratton wrote for a unanimous court.