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STATE v. ORENA

No. K91-1002.

591 So.2d 713 (1991)

STATE of Louisiana v. David ORENA.

Court of Appeal of Louisiana, Third Circuit.

September 19, 1991.

Attorney(s) appearing for the Case

Paul Reggie, Asst. Dist. Atty., Lake Charles, for applicant.

Alvis J. Roche, Lake Charles, attorneys for respondents.

Before GUIDRY, STOKER and KNOLL, JJ.

WRIT GRANTED AND MADE PEREMPTORY:

La.R.S. 14:98 does not prohibit the use of an out of state conviction to enhance the penalty against a defendant for operating a vehicle while intoxicated. However, the use of an out of state conviction for enhancement purposes that does not comply with the statutory provisions of La.R.S. 14:98 may not be used. We thus find that the trial court must determine if the statutory provisions of the Texas DWI statute are substantially...

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