Home/Louisiana Court of Appeal/State v. Daughenbaugh

State v. Daughenbaugh

942 So. 2d 41, 2002 WL 33984166
CourtLouisiana Court of Appeal
DecidedAugust 5, 2002
Docket2002 KW 0663
StatusPublished

This text of 942 So. 2d 41 (State v. Daughenbaugh) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Daughenbaugh, 942 So. 2d 41, 2002 WL 33984166 (La. Ct. App. 2002).

Opinion

942 So.2d 41 (2002)

STATE of Louisiana
v.
Sean C. DAUGHENBAUGH.

No. 2002 KW 0663.

Court of Appeal of Louisiana, First Circuit.

August 5, 2002.

Before: FOGG, PARRO and FITZSIMMONS, JJ.

WRIT DENIED. We find that a DWI conviction must have become final before it can serve as a basis for an enhanced sentence under La. R.S. 14:98. See Townley v. Department of Public Safety & Corrections, 96-1940 (La.11/1/96), 681 So.2d 951 (per curiam).

FITZSIMMONS, J., dissents and would grant the writ application, reverse and remand the case to the district court for further proceedings. The DWI conviction need not be final before it can serve as a *42 basis for an enhanced sentence under the DWI statute.

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Related

Townley v. DEPARTMENT OF PUBLIC SAFETY & CORR.
681 So. 2d 951 (Supreme Court of Louisiana, 1996)
State v. Daughenbaugh
942 So. 2d 41 (Louisiana Court of Appeal, 2002)

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Bluebook (online)
942 So. 2d 41, 2002 WL 33984166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daughenbaugh-lactapp-2002.