STATE v. LAMBERT


720 So.2d 724 (1998)

STATE of Louisiana v. Robert Gene LAMBERT, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

September 30, 1998.


Attorney(s) appearing for the Case

Don M. Burkett, Anna L. Garcie, ADA, for State.

Lawrence Charles Billeaud, Lafayette, for Robert Gene Lambert.

Robert Gene Lambert, pro se.

Before THIBODEAUX, SAUNDERS and WOODARD, JJ.


SAUNDERS, Judge.

The defendant, Robert Gene Lambert, appeals his jury conviction for third offense DWI on the basis of insufficiency of the evidence to sustain a conviction. He was sentenced to five years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

We set aside his conviction for operation of a motor vehicle third offense, and remand to the trial court with instructions to impose a sentence of the lower offense...

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