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STATE v. COSSEY

No. 9500514.

663 So.2d 44 (1995)

STATE of Louisiana v. Richard W. COSSEY. In re Richard W. COSSEY, Defendant-Applicant.

Court of Appeal of Louisiana, Third Circuit.

Writs Denied September 22, 1995 and January 5, 1996.

Attorney(s) appearing for the Case

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

Kenneth E. Badon, Lake Charles, for defendant-applicant.

Michael R. Garber, Lake Charles, 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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