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STATE v. PORTER

No. 94-215.

671 A.2d 1280 (1996)

STATE of Vermont v. Donald L. PORTER.

Supreme Court of Vermont.

January 5, 1996.

Attorney(s) appearing for the Case

Robert L. Sand, Department of State's Attorneys, Montpelier, for plaintiff-appellee.

Robert Appel, Defender General, and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant.

Present: ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

GIBSON, Justice.

Defendant Donald L. Porter appeals the imposition of a felony sentence following his conviction for driving under the influence of intoxicating liquor (DUI), third offense. 23 V.S.A. § 1210(d). Defendant argues that the use of a prior, uncounseled DUI conviction to support a felony third-offense sentence violates his federal and state constitutional rights to counsel and is barred by our decision in State v. Lafountain, 160 Vt. 313, 316...

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