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STATE v. FRICKEY

No. 00-KA-294.

769 So.2d 791 (2000)

STATE of Louisiana v. Edward J. FRICKEY, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

September 26, 2000.

Attorney(s) appearing for the Case

Louisiana Appellate Project, Margaret S. Sollars, Thibodaux, Louisiana, for Appellant, Edward J. Frickey, Jr.

Paul D. Connick, Jr., District Attorney, Twenty-Fourth Judicial District, Parish of Jefferson, State of Louisiana, Ellen S. Fantaci, Assistant District Attorney/Attorney of Record on Appeal, Terry M. Boudreaux, Assistant District Attorney, Joseph A. Aluise, Assistant District Attorney/Trial Attorney, Gretna, Louisiana, for Appellee, The State of Louisiana.

Panel composed of Judges Edward A. Dufresne, Jr., James C. Gulotta, Pro Tempore, and H. Charles Gaudin, Pro Tempore.

GULOTTA, Judge Pro Tem.

Edward J. Frickey, Jr. appeals his conviction of third-offense DWI. We affirm the conviction, but vacate the sentence and remand for resentencing.

On May 26, 1999 Frickey was charged by bill of information with violating La. R.S. 14:98(D), driving while intoxicated (DWI), third offense. At arraignment defendant entered a plea of not guilty. He filed various discovery motions and an omnibus motion to suppress evidence, confession, and...

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