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State v. Boudreaux

Court of Appeals of Louisiana, Fifth Circuit

July 15, 2015

STATE OF LOUISIANA
v.
CHADWICK JOSEPH BOUDREAUX

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 12-5509, DIVISION " P" . HONORABLE LEE V. FAULKNER, JR., JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson; TERRY M. BOUDREAUX, ASSISTANT DISTRICT ATTORNEY, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

BRUCE G. WHITTAKER, ATTORNEY AT LAW, Louisiana Appellate Project, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Robert M. Murphy, Stephen J. Windhorst and Hans J. Liljeberg.

STEPHEN J. WINDHORST, J.

OPINION

Page 1259

[14-845 La.App. 5 Cir. 2] Defendant was charged by bill of information with Operating a Vehicle while Intoxicated, Third Offense, in violation of La. R.S. 14:98(D). After defendant's motion to quash two predicate DWI offenses was granted by the trial court, the State sought an appeal. In State v. Boudreaux, 13-394 (La.App. 5 Cir. 12/12/13), 131 So.3d 342, writ denied, 14-0115 (La. 06/20/14), 141 So.3d 807, this Court reversed the trial court's ruling on the motion to quash and remanded for further proceedings.

On remand, defendant pled guilty as charged pursuant to State v. Crosby, 338 So.2d 584 (La. 1976), and received a sentence of five years at hard labor, with one year to be served without the benefit of probation, parole or suspension of sentence, and four years of the sentence suspended. Defendant was placed on four years of active probation and an evaluation for substance abuse treatment was ordered.

[14-845 La.App. 5 Cir. 3] Defendant now appeals. For the following reasons, we affirm defendant's conviction and sentence.

FACTS

Because the instant conviction was a result of a guilty plea, the underlying facts of the matter were not fully developed at trial. However, the State tendered the

Page 1260

following factual basis at the time of ...


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