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942 So. 2d 41

Docket No. 2002 KW 0663.

State v. Daughenbaugh

STATE of Louisiana v. Sean C. DAUGHENBAUGH.

Louisiana Court of Appeal

Decided August 5, 2002.

Louisiana Court of Appeal · decided 2002-08-05

Relies on In re Beckner

Decided 2002-08-05

¶1Before: FOGG, PARRO and FITZSIMMONS, JJ.

¶2WRIT DENIED. We find that a DWI conviction must have become final before it can serve as a basis for an enhanced sentence under La. R.S. 14:98. See Townley v. Department of Public Safety & Corrections, 96-1940 (La.11/1/96), 681 So.2d 951 (per curiam).

¶3FITZSIMMONS, J., dissents and would grant the writ application, reverse and remand the case to the district court for further proceedings. The DWI conviction need not be final before it can serve as a *42 basis for an enhanced sentence under the DWI statute.

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