STATE v. ALLIEN

No. 01-1509.

814 So.2d 743 (2002)

STATE of Louisiana v. Dale K. ALLIEN.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 15, 2002.


Attorney(s) appearing for the Case

J. Reed Walters, District Attorney, Jena, LA, for Plaintiff/Appellee, State of Louisiana.

Paula Corley Marx, Louisiana Appellate Project, Lawrence Charles Billeaud, Attorney at Law, Lafayette, LA, for Defendant/Appellant, Dale K. Allien.

Court composed of HENRY L. YELVERTON, SYLVIA R. COOKS and MARC T. AMY, Judges.


AMY, Judge.

The defendant was convicted of operating a vehicle while intoxicated, third offense. The defendant appeals his sentence arguing that it is excessive. We affirm.

Factual and Procedural Background

On December 5, 2000, Dale Allien, the defendant, and Ellis Kennon, the defendant's former brother-in-law, were observed by Roy Thompson loading wood onto the back of Allien's truck. Mr. Thompson approached the two men and advised them that they...

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