Opinion
NO. 2015 KW 0923
08-06-2015
STATE OF LOUISIANA v. MATTHEW POTTER
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08-13-0131. BEFORE: PETTIGREW, CRAIN AND THERIOT, JJ.
WRIT GRANTED. The State met its initial burden of proof where the State introduced at the motion hearing the judgments showing the respondent has two prior convictions for driving while intoxicated, and that the respondent was represented by counsel at the time he entered the guilty pleas. The burden then shifted to the defense. See State v. Carlos, 98-1366 (La. 7/7/99), 738 So.2d 556. The defense did not produce any affirmative evidence of an infringement of the respondent's rights or a significant procedural irregularity in the prior guilty pleas where the defense relied upon the same judgments submitted by the State. Accordingly, the district court's ruling granting the respondent's motion to quash is vacated, and this matter is remanded for a re-opened hearing at which the respondent shall be allowed an opportunity to meet his burden of proof.
WJC
MRT
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT