State v. Orena

Louisiana Court of Appeal
State v. Orena, 591 So. 2d 713 (1991)
1991 WL 270094
Guidry, Knoll, Stoker

State v. Orena

Opinion of the Court

WRIT GRANTED AND MADE PEREMPTORY:

La.R.S. 14:98 does not prohibit the use of an out of state conviction to enhance the penalty against a defendant for operating a vehicle while intoxicated. However, the use of an out of state conviction for enhancement purposes that does not comply with the statutory provisions of La.R.S. 14:98 may not be used. We thus find that the trial court must determine if the statutory provisions of the Texas DWI statute are substantially in conformance with the Louisiana DWI statute.

Accordingly, the trial court’s order granting the defendant’s motion to quash is vacated, reversed and set aside and the case is remanded to the trial court for proceedings consistent with the views herein expressed.

Reference

Full Case Name
STATE of Louisiana v. David ORENA
Cited By
1 case
Status
Published