CARAWAY, J.
The state originally charged John Willie Curry with fifth offense DWI ("driving while intoxicated"), but accepted his guilty plea to DWI, fourth offense, with a further agreement that the defendant would receive a ten-year hard labor sentence. Curry appeals his sentence as illegal claiming that because he had not previously been sentenced as a fourth offender and given probationary treatment at the time he committed the instant offense, he was entitled...
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