State v. Gilstrap

Johnson, Judge.

Guy Gilstrap was arrested and cited for several traffic offenses. *282He posted bond and was released from custody three days later.1 The District Attorney prepared and filed an accusation charging Gilstrap with driving after having been declared an habitual violator, a felony; failing to maintain lane, a misdemeanor; and misdemeanor DUI.

Prior to trial, defense counsel. filed a written demurrer and motion in limine objecting to the prosecution of the felony habitual violator charge because Gilstrap had not expressly waived his right to a preliminary (commitment) hearing and/or his…