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STATE v. CLARK

No. CR97-1064.

735 So.2d 649 (1998)

STATE of Louisiana v. Johnny E. CLARK.

Court of Appeal of Louisiana, Third Circuit.

November 25, 1998.

Attorney(s) appearing for the Case

Robert Richard Bryant, Jr., Mike K. Stratton, Lake Charles, for State.

John Ernest Brown, Lake Charles, for Johnny E. Clark.

Before SAUNDERS, SULLIVAN, and GREMILLION, Judges.

SULLIVAN, J.

This matter is before us on remand from the supreme court. In our prior opinion, State v. Clark, 97-1064 (La.App. 3 Cir. 4/1/98); 711 So.2d 738, we found the evidence sufficient to support Defendant's conviction of D.W.I., fourth offense, but we noted as a patent error the absence of a waiver of trial by jury in the record. Without affirming or reversing Defendant's conviction, we remanded the case for an evidentiary...

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