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MILLWOOD v. STATE

A94A0490.

213 Ga. App. 419 (1994)

447 S.E.2d 343

MILLWOOD v. THE STATE.

Court of Appeals of Georgia.

Decided June 1, 1994.

Attorney(s) appearing for the Case

Phillip N. Lavender, for appellant.

Gerald N. Blaney, Jr., Solicitor, Richard E. Thomas, Allison L. Thatcher, Assistant Solicitors, for appellee.

SMITH, Judge.

Dewey D. Millwood appeals from the judgment and sentence entered on his plea of nolo contendere to a charge of driving under the influence. He contends the trial court is limited by OCGA §§ 40-6-391 (c) (1) and 40-6-391.1 to consideration of only those DUI convictions occurring within the past five years. Millwood had two prior DUI convictions, neither within the past five years.

The five-year limitation provided in OCGA §§...

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