OPINION
BUSSEY, Judge:
James Jeremiah Bailey, appellant, appeals to this Court from the judgment and sentence rendered against him in Pottawatomie County District Court, Case No. CRF-78-352. He was convicted in that case of Driving While Under the Influence of Intoxicating Liquor, second or subsequent offense, in violation of Laws 1978, ch. 108, § 1, now 47 O.S.Supp. 1980, § 11-902, and was sentenced to five (5) years' imprisonment.
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