STATE v. FRANKLIN

No. 57829.

337 So.2d 1152 (1976)

STATE of Louisiana, Respondent, v. Willie FRANKLIN, Relator.

Supreme Court of Louisiana.

October 6, 1976.


Attorney(s) appearing for the Case

Kenneth L. Riche, Dodd, Barker, Avant, Wall & Thomas, a Division of Dodd & Barker, a Law Corporation, Baton Rouge, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Doug P. Moreau, Asst. Dist. Atty., for plaintiff-appellee.


TATE, Justice.

The issue is whether a motorist is barred by a plea of guilty from raising the constitutional issue that he cannot be sent to the state penitentiary system because he was without counsel on his first two DWI convictions. We hold that, despite his plea of guilty, he may not be imprisoned at hard labor in violation of the state and federal constitutions.

On April 24, 1974, the defendant pleaded guilty to the offense of driving while intoxicated...

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