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STATE v. KELLY

No. 99 KA 0412.

747 So.2d 760 (1999)

STATE of Louisiana v. Claude KELLY.

Court of Appeal of Louisiana, First Circuit.

December 28, 1999.

Attorney(s) appearing for the Case

Benjamin Johnson, Assistant District Attorney, Donaldsonville, LA, for Appellee, State of Louisiana.

Fred Timothy D. Crifasi, Baton Rouge, LA, for Appellant-Defendant, Claude Kelly.

BEFORE: FOIL, FOGG and GUIDRY, JJ.

FOIL, J.

The defendant, Claude Kelly, was charged by bill of information with driving while intoxicated (DWI), fourth offense, a violation of La.R.S. 14:98(D). He pled not guilty, and the matter was set for trial. The defendant filed a motion to quash, which was denied by the trial court. Thereafter, he was tried by, a jury of six persons and found guilty of the responsive verdict of driving while intoxicated, third offense...

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