State v. Batiste

Louisiana Court of Appeal

State v. Batiste

609 So. 2d 856, 1992 La. App. LEXIS 3620, 1992 WL 345862

CourtLouisiana Court of Appeal

DecidedNovember 12, 1992

DocketNos. 92-KA-503, 92-KA-553

StatusPublished

Cited by1 cases

This text of 609 So. 2d 856 (State v. Batiste) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Batiste, 609 So. 2d 856, 1992 La. App. LEXIS 3620, 1992 WL 345862 (La. Ct. App. 1992).

Pincite

Opinion

GAUDIN, Judge.

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.

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