STATE v. JONES

No. 41,242-KA.

938 So.2d 1080 (2006)

STATE of Louisiana, Appellee v. Clement Wayne JONES, Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 23, 2006.


Attorney(s) appearing for the Case

Peggy J. Sullivan, Monroe, Louisiana Appellate Project, Brian C. McRae, for Appellant.

William R. Jones, Julie C. Jones, Assistant District Attorney, District Attorney, for Appellee.

Before WILLIAMS, GASKINS and CARAWAY, JJ.


GASKINS, J.

The defendant, Clement Wayne Jones, was convicted of driving while intoxicated, fourth offense. He was sentenced to serve ten years at hard labor, five of those years to be suspended, and was ordered to pay a fine of $5,000.00. The defendant now appeals, arguing that the sentence violates La. R.S. 14:98 because the defendant did not have the opportunity to avail himself of any substance abuse treatment following his conviction for a prior DWI offense....

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