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STATE v. BANTA

No. 2003 CA 0200.

872 So.2d 1110 (2004)

STATE of Louisiana v. Charles BANTA, III.

Court of Appeal of Louisiana, First Circuit.

February 23, 2004.

Attorney(s) appearing for the Case

Camille Morvant, District Attorney, Jennifer F. Richard, Joseph S. Soignet, Assistant District Attorneys, Thibodaux, for Plaintiff-Appellee State of Louisiana.

Edward T. Diaz, Golden Meadow, for Defendant-Appellant Charles Banta, III.

Before: FOIL, PETTIGREW, DOWNING, GAIDRY, and McCLENDON, JJ.

PETTIGREW, J.

In this action for writ of quo warranto, an elected official contests a judgment decreeing that he holds his office without authority in violation of Article I, Section 10 of the Louisiana Constitution and prohibiting him from holding that office. For the following reasons, we reverse the trial court's judgment and dismiss the petition for writ of quo warranto.

FACTS AND PROCEDURAL HISTORY

On May 17, 1990, Charles Banta, III was convicted...

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