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STATE v. AUTHEMENT

No. 95 00411.

663 So.2d 43 (1995)

STATE of Louisiana v. Timothy AUTHEMENT.

Court of Appeal of Louisiana, Third Circuit.

Stay Recalled; Writ Denied January 12, 1996.

Attorney(s) appearing for the Case

Robert Richard Bryant, Jr., Lake Charles, for plaintiff respondent.

David Bruce Jones, Sulphur, for defendant applicant.

Before WOODARD and AMY, JJ.

WRIT DENIED: The issue presently before this court is whether the 1993 amendment to La.R.S. 14:98(F)(2) is an impermissible ex post facto application of the law. The 1993 amendment provides that prior DWI convictions can be used to enhance a current DWI offense for a period of ten (10) years, extending the prior period of five (5) years.

We note a split currently exists in the Louisiana Courts of Appeal. The Louisiana First Circuit Court of Appeal has...

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