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STATE EX REL. BISHOP v. BLACKBURN

No. 65626.

384 So.2d 406 (1980)

STATE ex rel. Ellender L. BISHOP v. Frank BLACKBURN, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

May 19, 1980.

Attorney(s) appearing for the Case

Louis J. Cosenza, New Orleans, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., for plaintiff-respondent.

MARCUS, Justice.*

Ellender L. Bishop was charged with operating a motor vehicle under the influence of alcoholic beverages, third offense, in violation of La.R.S. 14:98. Defendant withdrew his former plea of not guilty and entered a plea of guilty as charged and was sentenced to serve three years at hard labor. No appeal was taken. Thereafter, defendant applied to the district court for a writ of habeas corpus, alleging that his conviction...

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