BAILEY v. STATE

No. 95-IA-00607-SCT.

728 So.2d 1070 (1997)

Leonard BAILEY a/k/a Leonard Bailey, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied January 15, 1999.


Attorney(s) appearing for the Case

Mark B. Strickland, Gulfport, for appellant.

Michael C. Moore, Attorney General, Dewitt Allred, III, Special Asst. Atty. Gen., Jackson, for appellee.

Before PRATHER, P.J., and JAMES L. ROBERTS, Jr. and MILLS, JJ.


PRATHER, Presiding Justice, for the Court:

I. INTRODUCTION

¶ 1. This interlocutory appeal arises from the indictment, under our State's implied consent statute, of Leonard Bailey for driving under the influence (DUI) as a felony third-time offender. See Miss.Code Ann. § 63-11-30 (Supp.1996). The issue presented is the use of prior DUI convictions based on nolo contendere pleas for purposes of sentence enhancement...

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