No. 60100 | La. | Sep 6, 1977
Lead Opinion
In re: Jimmy Earl May, applying for writs of certiorari, prohibition, mandamus and for stay order.
Dissenting Opinion
I respectfully dissent. The only proof of the first D.W.I. conviction is a minute entry which does not affirmatively show that the accused was represented by (or waived) counsel. Therefore he could not constitutionally be subject to enhanced punishment as a second offender, Loper v. Beto, 405 U.S. 473" court="SCOTUS" date_filed="1972-03-22" href="https://app.midpage.ai/document/loper-v-beto-108490?utm_source=webapp" opinion_id="108490">405 U.S. 473,92 S.Ct. 1014, 31 L.Ed.2d 374 (1972) and City of Monroe v. Coleman, 304 So. 2d 332" court="La." date_filed="1974-12-02" href="https://app.midpage.ai/document/city-of-monroe-v-coleman-1835112?utm_source=webapp" opinion_id="1835112">304 So.2d 332 (La.1974). The applicant is entitled to have vacated his conviction, which (on the face of the trial record) unconstitutionally imposed and enhanced his punishment as a second offender.