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STATE v. ANAYA-ESPINO

No. 48,025-KW.

114 So.3d 1248 (2013)

STATE of Louisiana, Appellee, v. Jorge Luis ANAYA-ESPINO, Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 22, 2013.

Attorney(s) appearing for the Case

J. Antonio Florence , for Appellant.

Charles Rex Scott, II , District Attorney, George Winston, III , Colin Clark , Assistant District Attorneys, for Appellee.

Before BROWN, WILLIAMS and MOORE, JJ.

MOORE, J.

Defendant, Jorge Luis Anaya-Espino, 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. He filed a motion to quash the bill of information on grounds that federal immigration law preempts La. R.S. 14:100.13; that the statute is unconstitutionally vague, overbroad, and violates due process by shifting the burden of persuasion of an essential element of the offense to...

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