Legal Opinion

State v. Allien

Louisiana Court of Appeal

Decided April 3, 2002No. 01-1509Published

1Opinion of the Court

_JjAMY, Judge.

The defendant was convicted of operating a vehicle while intoxicated, third offense. The defendant appeals his sentence arguing that it is excessive. We affirm.

Factual and Procedural Background

On December 5, 2000, Dale Allien, the defendant, and Ellis Kennon, the defendant’s former brother-in-law, were observed by Roy Thompson loading wood onto the back of Allien’s truck. Mr. Thompson approached the two men and advised them that they were on leased property and asked them to leave. At trial, Mr. Thompson testified that he saw the two men drinking and called the La-Salle Parish…

2Cases cited8 opinions

  1. State v. BonannoSupreme Court of Louisiana · 1980
  2. State v. CampbellSupreme Court of Louisiana · 1981
  3. State v. HowardSupreme Court of Louisiana · 1982
  4. State v. RagasLouisiana Court of Appeal · 1999
  5. State v. EverettLouisiana Court of Appeal · 1988

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