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STATE v. PARKER9/27/1996
ections (d) and (e)) could be considerably clearer if its language were to provide that the "five-year period" therein runs from the date of a defendant's prior DUI convictions to the date on which the defendant committed the present offense.
Because I believe that subsection (f), as written, is a sentence enhancement provision, I do not think that the state should be allowed to present evidence of the appellee's prior DUI convictions to the jury without establishing some exception to the general exclusionary rule. Absent such an exception, the evidence is inadmissible as evidence of prior bad acts. For the reasons stated above, I respectfully dissent.
LONG, Presiding Judge (dissenting).
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