State v. McKeehan

|TI agree with the majority’s decision to affirm the Defendants’ conviction. However, I respectfully dissent from the opinion of the majority insofar as it affirms the Defendant’s sentencing on the charge of fourth-offense DWI under the penalty provisions in effect at the time of his conviction.

The offense at issue was committed on November 22, 2003. The Defendant was convicted on May 15, 2006, and sentenced on December 14, 2006. At the time of the commission of the offense, La.R.S. 14:98 provided, in pertinent part, as follows:

E. (l)(a) Except as otherwise provided in Subparagraph (4)(b) of…