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STATE v. PHINNEY

No. 16878-KW.

460 So.2d 1188 (1984)

STATE of Louisiana, Appellee, v. John A. PHINNEY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 5, 1984.

Attorney(s) appearing for the Case

Robert L. Raley, Bossier City, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Gary M. Parker and John Broadwell, Asst. Dist. Attys., Shreveport, for appellee.

Before PRICE, MARVIN and FRED W. JONES, Jr., JJ.

MARVIN, Judge.

We granted Phinney's application for a writ to review the sufficiency of the circumstantial evidence on which he was convicted of DWI second offense in a judge trial. LRS 14:98, 15:438.

Test results, which were stipulated, showed Phinney's blood alcohol content to be .223 grams percent shortly after he was arrested about 2:30 a.m. The issue is not whether Phinney was drunk at the time, but whether the total circumstances exclude any reasonable...

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