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STATE v. GARDETTE

No. 00-KA-38.

760 So.2d 1262 (2000)

STATE of Louisiana v. David GARDETTE (a/k/a David W. Gardette).

Court of Appeal of Louisiana, Fifth Circuit.

May 17, 2000.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, State of Louisiana, Rebecca J. Becker, Terry Boudreaux, David Wolff, Richard Bates, Assistant District Attorneys, Gretna, Louisiana, Counsel for the State of Louisiana, Appellant.

Gerard D. Archer, Archer & Labadie, Metairie, Louisiana, Counsel for David W. Gardette, Defendant-Appellee.

Panel composed of Judges CHARLES GRISBAUM, Jr., EDWARD A. DUFRESNE, Jr. and SUSAN M. CHEHARDY.

CHEHARDY, Judge.

The State appeals the district court's ruling which granted the defendant's motion to quash the bill of information in this prosecution for driving while intoxicated, third offense. We reverse and remand.

On October 1, 1998, the Jefferson Parish District Attorney's Office filed a bill of information charging that defendant, David W. Gardette, violated La. R.S. 14:98(D) (third-offense DWI) on September 4, 1998 "in that he, having been twice...

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