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State v. Campbell7/6/2004
The trial court did not err in quashing the State's habitual offender bill.
For all these reasons, we find a DWI third-offender cannot be sentenced pursuant to Louisiana's Habitual Offender Law, even where that defendant has two prior non-DWI felony convictions. Habitual offender adjudication under *119 La.Rev.Stat. 15:529.1 would preclude the trial court from crafting a sentence which complied with the requirements of La.Rev.Stat. 14:98 D. The Legislature's intent to mandate treatment of the addictive disorder for a third DWI offender is clearly evident. The revision to La.Rev.Stat. 14:98 D(1)(a), mandating suspension of the sentence in order for the defendant to receive treatment, is the more specific statute. Finally, the rules of statutory construction and well established jurisprudence of this state direct the resolution of any conflict in criminal statutes is made in favor of the defendant.
Additionally, we note that while the record demonstrates the trial judge was aware the defendant was to receive substance abuse treatment from the State once he was released from prison, the court failed to include the appropriate order in the judgment. Therefore, we will further remand this matter to the district court in order for that court to amend the judgment, ordering the defendant to undergo an evaluation to determine the nature and extent of his substance abuse disorder, and to undergo the treatment recommended, which shall include substance abuse treatment at an inpatient **11 facility recommended by the Department of Health and Hospitals and approved by the Department of Public Safety.
DECREE
For the foregoing reasons, the rulings of the lower courts are affirmed. This case is remanded to the district court for a determination of whether the vehicle should be seized and sold, and to amend the judgment so as to order evaluation and treatment of the substance abuse disorder.
AFFIRMED.
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