Louisiana Court of Appeal, 1992

State v. Batiste

State v. Batiste
Louisiana Court of Appeal · Decided November 12, 1992 · Bowes, Dufresne, Gaudin
609 So. 2d 856; 1992 La. App. LEXIS 3620; 1992 WL 345862 (Southern Reporter, Second Series)

State v. Batiste

Opinion of the Court

GAUDIN, Judge.

Roderick J. Batiste was charged with driving while intoxicated, LSA-R.S. 14:98, and with operating a vehicle without a driver’s license, LSA-R.S. 32:52. Following a bench trial in the 40th Judicial District Court, Batiste was convicted of reckless operation of a motor vehicle and driving without a license.

On appeal, Batiste does not contest the conviction for driving without a license. He does, however, challenge his conviction for reckless operation of a motor vehicle, contending that ROMV is not a lesser included crime under R.S. 14:98 and is neither related to nor responsive to DWI. Further, Batiste points out that he was not charged with reckless operation, LSA-R.S. 14:99.

We agree with Batiste’s contentions and reverse his ROMV conviction. See State v. Redfearn, 504 So.2d 1005 (La.App. 1 Cir. 1987), in which the court presented clear and persuasive reasons why ROMV is not a lesser and included grade of driving while intoxicated. We are unaware of any jurisprudence or statute to the contrary.

REVERSED.

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