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STATE v. GARDNER

No. Cr 94-594.

649 So.2d 519 (1994)

STATE of Louisiana, Plaintiff-Appellant, v. Melvin GARDNER, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Writ Granted March 24, 1995.

Attorney(s) appearing for the Case

J. Reed Walters, Dist. Atty., for State.

John Philip Mauffray Jr., Jena, for Melvin Gardner.

Before GUIDRY, C.J., and KNOLL and WOODARD, JJ.

KNOLL, Judge.

The State of Louisiana appeals the trial court's ruling granting the defendant's motion to recuse the District Attorney's office for LaSalle Parish pursuant to LSA-C.Cr. P.Art. 680. We reverse and remand.

FACTS

The defendant, Melvin Gardner, was arrested for DWI pursuant to LSA-R.S. 14:98 on December 27, 1985, and again on February 1, 1986. On February 4, 1987, the defendant was charged by a separate bill of information for each offense...

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