STATE v. PAYTON

No. 04-KA-1024.

894 So.2d 362 (2005)

STATE of Louisiana v. Carl PAYTON.

Court of Appeal of Louisiana, Fifth Circuit.

January 11, 2005.


Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Twenty-Fourth Judicial District, Parish of Jefferson, Terry M. Boudreaux, Kia M. Habistreitinger, Assistant District Attorneys, Gretna, Louisiana, for Plaintiff/Appellant.

W. Clifton Stoutz, New Orleans, Louisiana, for Defendant/Appellee.

Panel composed of Judges SOL GOTHARD, MARION F. EDWARDS and WALTER J. ROTHSCHILD.


WALTER J. ROTHSCHILD, Judge.

On January 31, 2003, the Jefferson Parish District Attorney filed a bill of information charging defendant, Carl Payton, with operating a vehicle while intoxicated (DWI), third offense, in violation of LSA-R.S. 14:98(D). Defendant was arraigned on May 20, 2003, and pled not guilty.

On December 19, 2003, defendant filed a Motion to Quash, arguing that one of the predicate DWI convictions alleged in the bill of information was invalid...

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