State v. Smith

BARHAM, Justice.

On September 5, 1968, Wally Lee Smith pleaded guilty to a charge of operating a motor vehicle while under the influence of alcoholic beverages, in violation of R.S. 14:98, and was sentenced to serve eight months in the parish j ail.

The defendant filed this appeal in proper person but made no appearance and filed no brief. The State, however, urged in brief that a sentence of eight'months’ imprisonment under R.S. 14:98 was illegal, and that we should annul the sentence and remand for imposition of a proper sentence.

R.S. 14:98 was twice amended during the 1968 session of the…