STATE v. WESTBROOK

No. 65132.

392 So.2d 1043 (1980)

STATE of Louisiana v. Charles H. WESTBROOK.

Supreme Court of Louisiana.

December 15, 1980.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leonard Knapp, Dist. Atty., Lester A. Robertson, Asst. Dist. Atty., for plaintiff-respondent.

James Miguez, Lake Charles, for defendant-relator.


ON REHEARING

WATSON, Justice.

Defendant, Charles H. Westbrook, was convicted at a bench trial of driving while intoxicated on September 30, 1978, his second offense. LSA-R.S. 14:98 C. The sentence was 125 days in the parish jail and a fine of $250, or 40 additional days in jail.

Originally, the conviction and sentence were reversed per curiam, 385 So.2d 13 (La.) because the State failed to show that the person...

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