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STATE v. HOERNER

No. 11-KA-659.

88 So.3d 1128 (2012)

STATE of Louisiana v. Marc John HOERNER.

Court of Appeal of Louisiana, Fifth Circuit.

February 28, 2012.

Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Juliet Clark , E. Clifton Milner, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellant.

Salvador M. Brocato, III , Attorney at Law, Metairie, LA, for Defendant/Appellee.

Panel composed of Judges SUSAN M. CHEHARDY, WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.

FREDERICKA HOMBERG WICKER, Judge.

The State of Louisiana appeals a judgment of the district court granting defendant's Motion to Quash the bill of information charging him with a third offense of driving while intoxicated in violation of La. R.S. 14:98(D). The sole issue before this Court is whether the trial court properly found that defendant's two prior convictions do not fall within the ten (10) year "cleansing period" provided in La. R.S. 14:98(F)(2) and, thus...

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