STATE v. BYRD

No. 37,852-KA.

850 So.2d 1128 (2003)

STATE of Louisiana, Appellee, v. Michael Randy BYRD, Appellant.

Court of Appeal of Louisiana, Second Circuit.

July 31, 2003.


Attorney(s) appearing for the Case

Louisiana Appellate Project by Kenota Pulliam Johnson, Indigent Defender Board by Angela Waltman, for Appellant.

John Schuyler Marvin, District Attorney, Dale Newton Montgomery II, Assistant District Attorney, for Appellee.

Before DREW, MOORE and TRAYLOR (Pro Tempore), JJ.


DREW, J.

We grant the defense motion for expedited hearing on the instant appeal under the authority of Rule 2-11.3, URCA.

The state charged, and defendant Byrd pled guilty to, one count of DWI fourth offense, a violation of La. R.S. 14:98 punishable by imprisonment at hard labor for 10 to 30 years, plus a mandatory fine of $5,000, with a legislatively imposed requirement that 60 days of the sentence of imprisonment are to be served without benefits. The frightening...

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