STATE v. ROLEN

No. 26933-KW.

642 So.2d 325 (1994)

STATE of Louisiana v. Nicki Lee ROLEN.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied October 7, 1994.


Attorney(s) appearing for the Case

H. "Lyn" Lawrence, Jr., for Nicki Lee Rolen.

Paul Joseph Carmouche, Dist. Atty., Loyd Kenneth Thomas, for State.

Before NORRIS, HIGHTOWER and BROWN, JJ.


WRIT GRANTED AND MADE PEREMPTORY.

The trial court erred in determining that Act 1993, No. 669, Sec. 1 cannot be applied to enhance the penalty for a person charged with DWI (2d) more than five years but less than ten years after the commission of the predicate DWI offense without violating the constitutional prohibition against ex post facto legislation. The amendment does not punish as a crime an act previously committed which was innocent when...

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