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STATE v. ALLAIN

No. KA-4235.

488 So.2d 1273 (1986)

STATE of Louisiana v. Michael J. ALLAIN.

Court of Appeal of Louisiana, Fourth Circuit.

May 12, 1986.

Attorney(s) appearing for the Case

John F. Rowley, Dist. Atty., Chalmette, Abbott J. Reeves, Asst. Dist. Atty., Gretna, for plaintiff-appellee.

George Kutzgar, New Orleans, for defendant-appellant.

Before GULOTTA, WILLIAMS and ARMSTRONG, JJ.

WILLIAMS, Judge.

Defendant Michael J. Allain was charged with violations of R.S. 14:98 (driving while intoxicated) and R.S. 14:99 (reckless operation of a vehicle.) The two misdemeanor charges were brought by separate bills of information which were consolidated for trial, and the trial was conducted by the judge alone. Defendant was convicted on both charges.

Our review of the record reflects an error patent favorable to defendant because, according to our...

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