State v. McKinney

hNORRIS, Chief Judge,

dissenting.

For the reasons expressed below, I respectfully dissent from the majority opinion and would reverse.

It is well established that an uncoun-seled DWI conviction may not be used to enhance punishment of a subsequent offense, absent a knowing and intelligent waiver of counsel. State v. Deroche, 96-1376 (La.11/8/96), 682 So.2d 1251, 1252 (un-counseled misdemeanor convictions may not serve as the predicate for enhancement of a subsequent DWI offense); State v. Pugh, 588 So.2d 702 (La.1991) (same); State v. Gable, 614 So.2d 808, 809 (La.App. 2d Cir.1993); State v.…