Millwood v. State

Smith, Judge.

Dewey D. Millwood appeals from the judgment and sentence entered on his plea of nolo contendere to a charge of driving under the influence. He contends the trial court is limited by OCGA §§ 40-6-391 (c) (1) and 40-6-391.1 to consideration of only those DUI convictions occurring within the past five years. Millwood had two prior DUI convictions, neither within the past five years.

The five-year limitation provided in OCGA §§ 40-6-391 and 40-6-391.1 is applicable by its terms to enhanced sentencing for multiple DUI convictions. See State v. Bangley, 209 Ga. App. 208 (433 SE2d 372)…