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State v. Batiste

Court of Appeal of Louisiana, Fifth Circuit
Nov 12, 1992
609 So. 2d 856 (La. Ct. App. 1992)

Opinion

Nos. 92-KA-503, 92-KA-553.

November 12, 1992.

APPEAL FROM FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, HONORABLE MADELINE JASMINE, J.

Richard M. Millet, Laplace, for defendant-appellant.

John M. Crum, Jr., Dist. Atty., Carol Runnels Welch, Asst. Dist. Atty., Edgard, for plaintiff-appellee.

Before BOWES, GAUDIN and DUFRESNE, JJ.


Roderick J. Batiste was charged with driving while intoxicated, LSA-R.S. 14:98, and with operating a vehicle without a driver's license, LSA-R.S. 32:52. Following a bench trial in the 40th Judicial District Court, Batiste was convicted of reckless operation of a motor vehicle and driving without a license.

On appeal, Batiste does not contest the conviction for driving without a license. He does, however, challenge his conviction for reckless operation of a motor vehicle, contending that ROMV is not a lesser included crime under R.S. 14:98 and is neither related to nor responsive to DWI. Further, Batiste points out that he was not charged with reckless operation, LSA-R.S. 14:99.

We agree with Batiste's contentions and reverse his ROMV conviction. See State v. Redfearn, 504 So.2d 1005 (La.App. 1 Cir. 1987), in which the court presented clear and persuasive reasons why ROMV is not a lesser and included grade of driving while intoxicated. We are unaware of any jurisprudence or statute to the contrary.

REVERSED.


Summaries of

State v. Batiste

Court of Appeal of Louisiana, Fifth Circuit
Nov 12, 1992
609 So. 2d 856 (La. Ct. App. 1992)
Case details for

State v. Batiste

Case Details

Full title:STATE OF LOUISIANA v. RODERICK J. BATISTE

Court:Court of Appeal of Louisiana, Fifth Circuit

Date published: Nov 12, 1992

Citations

609 So. 2d 856 (La. Ct. App. 1992)