STATE v. SABATHE

No. 92-KA-793.

613 So.2d 710 (1993)

STATE of Louisiana v. Joseph SABATHE.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Granted May 21, 1993.


Attorney(s) appearing for the Case

John M. Mamoulides, Dist. Atty., W.J. LeBlanc, Dorothy A. Pendergast, Asst. Dist. Atty., Gretna, for plaintiff-appellee.

Bruce G. Whittaker, Staff Appellate Counsel, Indigent Defender Bd., Gretna, for defendant-appellant.

Before KLIEBERT, GAUDIN and DUFRESNE, JJ.


GAUDIN, Judge.

Joseph Sabathe was convicted by a jury of violation of LSA-R.S. 14:98D, driving while intoxicated, third offense.

On July 17, 1992, following consideration of a presentence investigative report, the trial judge sentenced appellant to five years at hard labor, the first two of which are to be served without benefit of parole, with credit for time served. The sentence also contained a condition that...

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