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State v. Boyd

Court of Appeals of Louisiana, Fifth Circuit

July 15, 2015

STATE OF LOUISIANA
v.
JOHN HENRY BOYD, JR

Page 1251

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 13-2973, DIVISION " A" . HONORABLE RAYMOND S. STEIB, JR., JUDGE PRESIDING.

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

MARGARET S. SOLLARS, ATTORNEY AT LAW, Thibodaux, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

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

OPINION

HANS J. LILJEBERG, J.

Page 1252

[15-107 La.App. 5 Cir. 2] Defendant appeals his conviction and sentence for operating a vehicle while intoxicated, fourth offense. For the following reasons, we affirm.

PROCEDURAL HISTORY

On July 30, 2013, the Jefferson Parish District Attorney filed a bill of information charging defendant, John Henry Boyd, Jr., with operating a vehicle while intoxicated (" DWI" ), fifth offense, in violation of La. R.S. 14:98. Defendant pled not guilty to the charge. Thereafter, he filed a motion to quash the bill of information, arguing that the predicate convictions used to charge him as a fifth offender were constitutionally deficient. [1] After a hearing, the trial court denied defendant's motion

Page 1253

to quash. Defendant filed a writ application with this Court, seeking review of the trial court's ruling. This Court denied defendant's writ application, declining to exercise its supervisory jurisdiction and concluding that defendant " has an adequate remedy on appeal if convicted."

[15-107 La.App. 5 Cir. 3] On December 5, 2014, defendant withdrew his not guilty plea and pled guilty to DWI, fourth offense, reserving his right under State v. Crosby [2] to appeal the trial court's denial of his motion to quash. Thereafter, the trial court sentenced defendant in accordance with the plea agreement to ten years imprisonment in the custody of the Department of Corrections. The trial court also imposed a $5,000.00 fine. Defendant appeals.

FACTS

Because defendant's conviction was the result of a guilty plea, the underlying facts of the case are not fully developed in the record. The bill of information alleges that on May 30, 2013, defendant committed the offense of driving while intoxicated, in violation of La. R.S. 14:98, having previously been convicted on April 19, 2012, of four separate DWI offenses, in the Second Parish Court for Jefferson Parish under docket numbers S1118497, S1150829, S1165612, and S1208968. Additionally, during the guilty plea colloquy, the State asserted that " [o]n May 30th, ...


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