State v. Watson9/21/2005
Before WILLIAMS, GASKINS and CARAWAY, JJ.
The defendant, James Watson, was charged by bill of information with driving while intoxicated, fourth offense, in violation of LSA-R.S. 14:98. After the trial court denied the defendant's motion to quash the bill of information, the defendant entered a plea of guilty, reserving his right to appeal pursuant to State v. Crosby, 338 So.2d 584 (La. 1976). The defendant was sentenced to serve thirty years imprisonment at hard labor with all but sixty days suspended, placed under house arrest and supervised probation for a period of five years with numerous conditions, and fined $5,000.00 plus costs. The defendant appeals the denial of the motion to quash. For the following reasons, we affirm the trial court's ruling on the motion to quash and the defendant's adjudication as a fourth-time offender. We amend the defendant's sentence to clarify the sentence of supervised probation for a period of five years, home incarceration for the remainder of the term of probation, and the seizure and sale of the vehicle being driven at the time of the offense. We affirm the defendant's sentence as amended.
FACTS
On September 15, 2004, the defendant was arrested for driving while intoxicated ("DWI") on Interstate 20 in Bienville Parish. A state trooper observed the defendant hit the fog line twice, cross the center white line once, and nearly collide with a passing tractor trailer. Once the trooper stopped the defendant, the officer detected a strong odor of alcohol on the defendant's breath and noticed that the defendant swayed from side to side and was unsteady on his feet. The defendant attempted to perform field sobriety tests and was unable to do so. The state trooper placed the defendant under arrest, advised him of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and administered a breathalyzer test. The result was .304 grams.
On December 18, 2004, the district attorney filed a bill of information, charging the defendant with DWI--Fourth Offense, alleging:
efendant having previously operated a motor vehicle while under the influence of alcohol on June 1, 1996, and having been convicted of that offense on August 27, 1996, in the Little Rock City Court, in Docket Number 96-4188;
and defendant having been previously been convicted of Operating a Motor Vehicle While Intoxicated, having operated a motor vehicle while under the influence of alcohol on November 10, 1999, and having been convicted of that offense on October 12, 2000, in the Perryville District Court, in Docket Number 5991217;
and defendant having been previously been convicted of Operating a Motor Vehicle While Intoxicated, having operated a motor vehicle while under the influence of alcohol on August 30, 2002, and having been convicted of that offense on September 16, 2003, in the Searcy District Court, in Docket Number 22051.
In response to the bill of information, the defendant filed a motion to quash the bill of information. After the trial court denied the motion, the defendant appeared with counsel and entered a plea of guilty to the charge of DWI--Fourth Offense, reserving his right to appeal the ruling on the motion to quash pursuant to State v. Crosby, 338 So. 2d 584 (La. 1976). The defendant was sentenced to serve thirty years imprisonment at hard labor, with all but sixty days suspended. He was placed under house arrest and supervised probation for a period of five years with numerous conditions mandated under LSA-R.S. 14:98(E), and fined $5,000.00 and costs. The defendant now appeals.
DISCUSSION
The defendant challenges his conviction
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