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STATE v. JOHNSON

No. 10-196.

52 So.3d 273 (2010)

STATE of Louisiana v. Curt E. JOHNSON.

Court of Appeal of Louisiana, Third Circuit.

November 24, 2010.

Attorney(s) appearing for the Case

Jeffery J. Trosclair , Assistant District Attorney, Franklin, LA, for the State of Louisiana.

Frank Sloan , Louisiana Appellate Project, Mandeville, LA, for Defendant Curt E. Johnson.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and ELIZABETH A. PICKETT, Judges.

COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

Curt E. Johnson (Defendant) was convicted by a jury of six persons of driving while intoxicated, fourth offense, a violation of La.R.S. 14:98. Defendant was sentenced to serve twenty years at hard labor, without benefit of probation, parole, or suspension of sentence. He appeals his conviction and sentence, alleging his conviction is null because he was tried by an insufficient number of jurors and, alternatively...

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