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STATE v. SIMARD

No. 01-KA-1373.

817 So.2d 366 (2002)

STATE of Louisiana v. Louis J. SIMARD.

Court of Appeal of Louisiana, Fifth Circuit.

April 30, 2002.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Thomas J. Butler, Kenneth Bordelon, Assistant District Attorneys, Parish of Jefferson, Gretna, LA, for Plaintiff/Appellee.

Bruce G. Whittaker, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, MARION F. EDWARDS, and CLARENCE E. McMANUS.

SOL GOTHARD, Judge.

Defendant, Louis Simard, appeals his conviction and sentence of third offense of driving while intoxicated pursuant to LSA-R.S. 14:98 D. He was convicted after a trial by the bench. Defendant was subsequently sentenced to serve five years at hard labor. Four of the five years were suspended, and defendant was placed on active probation. The court further ordered the one year incarceration be served without the benefit of probation or suspension...

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