STATE v. FRISELLA

No. 03-KA-1213.

868 So.2d 871 (2004)

STATE of Louisiana v. Kirk A. FRISELLA.

Court of Appeal of Louisiana, Fifth Circuit.

February 23, 2004.


Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Thomas J. Butler, Kenneth Bordelon, Assistant District Attorneys, Gretna, LA, for the State of Louisiana, Plaintiff/Appellee.

Mark P. Burton, Gretna, LA, for Kirk Frisella, Defendant/Appellant.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY and WALTER J. ROTHSCHILD.


WALTER J. ROTHSCHILD, Judge.

Defendant, Kirk A. Frisella, appeals his conviction of driving while intoxicated, third offense, a violation of LSA-R.S. 14:98(D)(1). Defendant pled guilty to the charge pursuant to State v. Crosby, and assigns as error the trial court's denial of this Motion to Quash in which he challenged the constitutionality of his guilty plea on the predicate offense. For the reasons stated more fully herein, we reverse the ruling of the trial...

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