STATE v. WHALEN

No. 84 KWA 0812.

470 So.2d 546 (1985)

STATE of Louisiana v. Michael WHALEN.

Court of Appeal of Louisiana, First Circuit.

May 29, 1985.


Attorney(s) appearing for the Case

Frank L. Koles, III, Asst. Dist. Atty., Albany, for appellee.

Leon A. Cannizzaro, Jr., Mark P. Burton, New Orleans, for appellant.

Before COLE, CARTER and LANIER, JJ.


CARTER, Judge.

Michael K. Whalen was charged by affidavit with the offense of driving while intoxicated, in violation of LSA-R.S. 14:98. Prior to trial, defendant filed a motion to quash the affidavit on the ground that the prosecution was untimely. The trial court denied the motion without a hearing. Defendant was convicted, and sentenced to pay a fine of $250.00, plus court costs of $82.50, or serve sixty days in jail; in addition, defendant was sentenced to serve...

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