Opinion
No. 54430.
March 22, 1974.
IN RE: WILLIAM E. HUTSON, JR., APPLYING FOR WRIT OF CERTIORARI, MANDAMUS AND PROHIBITION.
Writ refused. The application has no merit.
BARHAM, J., is of the opinion the writ should be granted. A fourth D.W.I. offense is attempted to be based upon prior convictions and sentences to imprisonment where defendant was not represented by counsel. The prior offenses are not admissible under Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530.
DIXON, J., is of the opinion that the writ should be granted.