STATE v. LOWRY

No. 00-KA-107.

762 So.2d 1275 (2000)

STATE of Louisiana v. Lee Roy LOWRY.

Court of Appeal of Louisiana, Fifth Circuit.

June 27, 2000.


Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Rebecca J. Becker, Terry Boudreaux, Quentin P. Kelly, Assistant District Attorneys, Gretna, Louisiana, Counsel for the State.

Frederick Kroenke, Baton Rouge, Louisiana, Counsel for defendant-appellant.

Court composed of Judges CHARLES GRISBAUM, Jr., MARION F. EDWARDS and CLARENCE E. McMANUS.


McMANUS, Judge.

In this appeal, defendant Lee Roy Lowry appeals from a judgment which denied his motion to quash an indictment charging him with a third offense of operating a vehicle while intoxicated (DWI). For the reasons that follow, we set aside the denial of the Motion to Quash, vacate the guilty plea, set aside the conviction and sentence, and remand this case to the district court.

STATEMENT OF THE CASE

On September 22, 1999, the Jefferson...

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