State v. Ellender

THIBODEAUX, Chief Judge.

Defendant, Ramon L. Ellender, appeals his conviction by a six-person jury for his fifth offense of driving while intoxicated. He was sentenced to fifty years at hard labor under the habitual offender statute. His appeal focuses on insufficiency of the evidence, excessive sentence, and an improper jury composition.

We affirm his conviction and sentence.

I

ISSUES

We must decide:(1) whether there was sufficient evidence to convict Defendant;(2) whether the trial court deprived Defendant of a twelve-person jury and unconstitutionally convicted him by a six-person jury; and(3)…