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STATE v. LOUPE

No. 00-KA-165.

767 So.2d 884 (2000)

STATE of Louisiana v. Kirk LOUPE.

Court of Appeal of Louisiana, Fifth Circuit.

August 29, 2000.

Attorney(s) appearing for the Case

Mark A. Marino, Destrehan, Louisiana, Attorney for Appellant, Kirk Loupe.

Harry J. Morel, Jr., District Attorney for the Parish of St. Charles, Howat A. Peters, Jr., Assistant District Attorney, Hahnville, Louisiana, Attorney for Appellee, The State of Louisiana.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY and SUSAN M. CHEHARDY.

CHEHARDY, Judge.

On February 5, 1999, defendant, Kirk Loupe, was charged by bill of information with driving while intoxicated, fourth offense (DWI-4), in violation of La. R.S. 14:98. Defendant pled not guilty and moved to quash the bill of information on the basis that two of the three prior DWI convictions (in 1989 and 1991) could not be used as predicate offenses. At the hearing on defendant's motion, the state did not contest the motion to quash the 1989 conviction...

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