State of Louisiana v. Brian Paul Dewhirst, No. 23-KA-30 (La: Court of Appeals, 5^th Circuit 2023).

After unsuccessful termination from drug court, the defendant is no longer entitled to the suspension of a statutorily mandated sentence conditioned upon entry and successful completion of drug court.

The defendant was sentenced into drug court after pleading guilty to DWI 3^rd. As a result of his entry into drug court, the statutorily mandated sentence requiring the defendant to serve up to one year in prison was suspended. After being terminated from drug court, the court did not impose the statutorily mandated prison sentence. The Court of Appeals remanded the case ordering the District Court to impose the appropriate mandatory sentence as required by statute.