State v. Lathan

hThe defendant, John D. Lathan, was charged by amended bill of information with operating a vehicle while intoxicated (“DWI”), fourth offense, in violation of LSA-R.S. 14:98(E). Following a bench trial, he was convicted as charged. He was sentenced to serve 20 years in prison at hard labor, “at least three” years of which were ordered to be served without benefit of probation, parole or suspension of sentence. For the reasons that follow, we affirm the defendant’s conviction, vacate the sentence and remand the matter to the trial court for resentencing.

FACTS

On November 4, 2008, at…