State v. Henderson

Mar 22, 1974
No. 54430
Versions:291 So. 2d 398
1974 La. LEXIS 3249

Lead Opinion

In re: William E. Hutson, Jr., applying for Writ of Certiorari, Mandamus and Prohibition.

Writ refused. The application has no merit.





Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. A fourth D.W.I. offense is attempted to be based upon prior convictions and sentences to imprisonment where defendant was not represented by counsel. The prior offenses are not admissible under Argersinger v. Hamlin, 407 U. S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530.

DIXON, J., is of the opinion that the writ should be granted.