STATE v. BENNETT

No. 39231-KW.

877 So.2d 356 (2004)

STATE of Louisiana, Applicant, v. Earl C. BENNETT, III, Respondent.

Court of Appeal of Louisiana, Second Circuit.

July 29, 2004.


Attorney(s) appearing for the Case

Charles Foti, Attorney General, John Schuyler Marvin, District Attorney, Robert Randall Smith, Assistant District Attorney, for Applicant.

Whitley Robert Graves, Benton, for Respondent.

Before GASKINS, MOORE and LOLLEY, JJ.


WRIT GRANTED AND MADE PEREMPTORY.

The State seeks reversal of a trial court ruling that, for purposes of a prosecution charging DWI, third offense, the fact that the defendant entered guilty pleas to two separate offenses during one court appearance counts as only one conviction.

We reverse the trial court ruling. It is the number of prior convictions, not their sequence, which determines the appropriate designation of a subsequent DWI offense. See...

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