STATE v. REYES

No. 2007 KA 1811.

989 So.2d 770 (2008)

STATE of Louisiana v. Gabriel Dominguez REYES.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 14, 2008.


Attorney(s) appearing for the Case

Doug Moreau, District Attorney, Dylan C. Alge, Assistant District Attorney, Baton Rouge, Louisiana, for Appellee, State of Louisiana.

Katherine M. Franks, Abita Springs, Louisiana, for Appellant, Gabriel D. Reyes.

Before PARRO, KUHN and DOWNING, JJ.


KUHN, J.

Defendant, Gabriel Dominguez Reyes, was charged by bill of information with operating a vehicle without lawful presence in the United States, a violation of La. R.S. 14:100.13. Defendant filed a motion to quash the bill of information, arguing La. R.S. 14:100.13 is not an enforceable statute as it is preempted by federal law. Following a hearing, the trial court denied the motion. Defendant withdrew his former plea and entered a plea of guilty as charged...

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