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State v. Burnham

Court of Appeals of Louisiana, Fifth Circuit

February 8, 2017

STATE OF LOUISIANA
v.
ROCKEY A. BURNHAM

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 15-3031, DIVISION "B" HONORABLE CORNELIUS E. REGAN, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr., Terry M. Boudreaux, Andrea F. Long, Lynn Schiffman Marko Marjanovic

          COUNSEL FOR DEFENDANT/APPELLANT, ROCKEY A. BURNHAM Prentice L. White

          Panel composed of Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson

         AFFIRMED AND REMANDED

         RAC

         FHW

         JGG

          ROBERT A. CHAISSON JUDGE

         In this appeal, defendant, Rockey Burnham, challenges the sufficiency of the evidence used to convict him of fourth offense driving while intoxicated. For the reasons set forth herein, we affirm defendant's conviction and sentence and remand the matter with instructions.

         PROCEDURAL BACKGROUND

         On June 9, 2015, the Jefferson Parish District Attorney filed a bill of information charging defendant with fourth offense operating a vehicle while intoxicated, having received the benefit of parole, probation, or suspension of sentence on a previous fourth offense driving while intoxicated conviction, in violation of La. R.S. 14:98(A) and La. R.S. 14:98.4(C). At the arraignment, defendant pled not guilty.

         The matter proceeded to trial before a twelve-person jury on April 18, 2016. After considering the evidence presented, the jury, on April 20, 2016, found defendant guilty as charged. Defendant thereafter filed a motion for post-verdict judgment of acquittal and a motion for new trial, in which he alleged generally that "there was insufficient evidence from which to convict." On May 6, 2016, the trial court denied defendant's two motions.

         After defendant waived sentencing delays, the trial court sentenced him to imprisonment at hard labor for twenty years without the benefit of parole, probation, or suspension of sentence. Defendant thereafter filed a motion to ...


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