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STATE v. McKEEHAN

No. 07-569.

969 So.2d 1259 (2007)

STATE of Louisiana v. James Oliver McKEEHAN, Jr.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 19, 2007.

Attorney(s) appearing for the Case

Annette Roach, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, James Oliver McKeehan, Jr.

W. Thomas Barrett III, Assistant District Attorney, Thirty-eighth Judicial District, Cameron, LA, for Plaintiff/Appellee, State of Louisiana, James Oliver McKeehan, Jr., In proper person, C. Paul Phelps, Dequincy, LA.

Court composed of OSWALD A. DECUIR, ELIZABETH A. PICKETT, and J. DAVID PAINTER, Judges.

DECUIR, Judge.

The Defendant, James Oliver McKeehan, Jr., was convicted of driving while intoxicated (DWI), fourth offense, in violation of La.R.S. 14:98. He lodges this appeal asserting the following three assignments of error:

1) The State's reliance on the presumption of intoxication set forth in La.R.S. 32:662 was improper, as the bill of information did not charge the Defendant with a violation of La.R.S. 14:98(A)(1)(b), but instead charged a violation...

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