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STATE v. SIMMS

No. 03-KA-1459.

892 So.2d 111 (2004)

STATE of Louisiana v. Vernon SIMMS.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 2004.

Attorney(s) appearing for the Case

Holli Herrle-Castillo, Louisiana Appellate, Marrero, LA, for Defendant/Appellant, Vernon Sims.

John M. Crum, Jr., District Attorney, Rodney A. Brignac, Assistant District Attorney, LaPlace, LA, for Plaintiff/Appellee, the State of Louisiana.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SUSAN M. CHEHARDY, and CLARENCE E. McMANUS.

SUSAN M. CHEHARDY, Judge.

Vernon Simms appeals his conviction of driving while intoxicated, third offense. He challenges the trial court's denial of his motion for mistrial and also challenges the sufficiency of the evidence. We affirm the conviction, but vacate the sentence and remand for resentencing.

On August 9, 2001 the District Attorney for St. John the Baptist Parish filed a bill of information charging Vernon Simms with violation of La.R.S. 14:98,...

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