State v Enright __ NJ Super. ___ (App. Div 2010)
A-4630-08T4 10-04-10
After defendant's conviction and sentence in the municipal court as a third-time DWI offender, he obtained a post-conviction order from a different municipal court in which his second DWI conviction had occurred confirming that conviction but directing that no court could use it to enhance his sentence on a subsequent DWI conviction. The Court held that the municipal court order was an erroneous application of State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), and that on de novo review of the third DWI conviction, the Law Division correctly declined to follow the municipal court's order.
