State v. Kelly

The defendant, Claude Kelly, was charged by bill of information with driving while intoxicated (DWI), fourth offense, a violation of La.R.S. 14:98(D). He pled not guilty, and the matter was set for trial. The defendant filed a motion to quash, which was denied by the trial court. Thereafter, he was tried by a jury of six persons and found guilty of the responsive verdict of driving while intoxicated, third *761offense. The court sentenced the defendant to five years at hard labor, and required that he receive substance abuse treatment six months prior to his release from incarceration. He…