State v. Hoerner
88 So. 3d 1128
La. Ct. App.2012Background
- Louisiana appeals a ruling granting defendent Hoerner’s Motion to Quash a third-offense DWI bill of information.
- The instant offense is charged under La. R.S. 14:98(D); prior convictions cited are from 1998 and 1999.
- The state argues the two priors fall within the ten-year cleansing period of La. R.S. 14:98(F)(2) when time is properly computed.
- The trial court held the prior convictions fall outside the ten-year cleansing period and quashed the bill.
- The State appeals contending the cleansing-period calculation double-counted time under concurrent restraints; defendant contends the period began after probation termination in 2000.
- The issue centers on whether concurrent legal restraints are excluded once or twice in computing the ten-year cleansing period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior DWI convictions fall within the ten-year cleansing period. | Hoerner’s priors should be excluded if within ten years when time is computed. | Only periods of concurrent restraints should be excluded once; the rest extends beyond ten years. | Yes; concurrent restraints excluded once; the offense falls outside ten years. |
Key Cases Cited
- State v. Mayeux, 820 So.2d 526 (La. 2002) (statutory interpretation guides cleansing-period computation)
- State v. Carter, 42 So.3d 455 (La. Ct. App. 2 Cir. 2010) (concurrent restraints excluded once in cleansing-period computation)
- State v. Rolen, 662 So.2d 446 (La. 1995) (creeping nature of cleansing periods; due process not required)