Opinion
No. K88-956.
September 1, 1988.
APPEAL FROM FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, STATE OF LOUISIANA, HONORABLE ROGER SELLER, J.
Kim R. Hayes, Crowley, for relator.
Albert Boudreaux, Jr., Asst. Dist. Atty., Abbeville, for the State.
Before STOKER, DOUCET and YELVERTON, JJ.
WRIT GRANTED AND MADE PEREMPTORY: Relator's conviction and sentence are reversed and set aside. The record fails to reflect that the state proved beyond a reasonable doubt that relator operated the vehicle while intoxicated. From the evidence there is a reasonable hypothesis that relator did his drinking after he drove the vehicle into the ditch. State v. Willson, 534 So.2d 55 (La.App. 3 Cir. 1988).