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STATE v. BENOIT

No. 04-KA-436.

885 So.2d 625 (2004)

STATE of Louisiana v. Tenna J. BENOIT, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

September 28, 2004.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Twenty-Fourth Judicial District, LA, Terry M. Boudreaux, Appellate Counsel, Andrea F. Long, Counsel of Record on Appeal, Ralph C. Cox, III, James W. Adair, Trial Counsel, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Holli Herrle-Castillo, Marrero, LA, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA and THOMAS F. DALEY.

JAMES L. CANNELLA, Judge.

The Defendant, Tenna J. Benoit, appeals from his conviction of third offense driving while intoxicated (DWI). We affirm the conviction and remand.

On March 6, 2001, the Defendant was charged with third offense DWI, a violation of La.R.S. 14:98, R.S. 14:98 D. He pled not guilty at arraignment on April 3, 2001. On June 18, 2001, the trial judge denied his motion to suppress the evidence. The Defendant then filed a writ application with...

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