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STATE v. JOSEPH

No. 36,776-KA.

836 So.2d 1206 (2003)

STATE of Louisiana, Appellee, v. Billy Ray JOSEPH, Appellant.

Court of Appeal of Louisiana, Second Circuit.

January 29, 2003.

Attorney(s) appearing for the Case

Louisiana Appellate Project by J. Wilson Rambo, for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Tommy J. Johnson, Shenequa L. Grey, Assistant District Attorneys, for Appellee.

Before WILLIAMS, STEWART and CARAWAY, JJ.

STEWART, J.

The defendant, Billy Ray Joseph, was found guilty as charged of driving while intoxicated, third offense. He argues on appeal that the evidence was insufficient to prove that he operated a vehicle while under the influence of alcohol. We affirm the defendant's conviction, but we remand the matter to the trial court for re-sentencing according to law.

FACTS

At around 11:00 a.m., on March...

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