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STATE v. GONZALEZ-PEREZ

No. 2007 KA 1813.

997 So.2d 1 (2008)

STATE of Louisiana v. Jesus GONZALEZ-PEREZ.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 6, 2009.

Attorney(s) appearing for the Case

Doug Moreau, District Attorney, Ron Gathe, Assistant District Attorney, Baton Rouge, Louisiana, for Plaintiff/Appellee, State of Louisiana.

Frederick Kroenke, Baton Rouge, Louisiana, for Defendant/Appellant, Jesus Gonzalez-Perez.

Before GAIDRY, McDONALD, and McCLENDON, JJ.

McCLENDON, J.

Defendant, Jesus Gonzalez-Perez, was charged by bill of information with operating a vehicle without lawful presence in the United States, a violation of LSA-R.S. 14:100.13. Defendant filed a motion to quash the bill of information, arguing LSA-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 to quash. Defendant withdrew his former plea and entered a plea of guilty...

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