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SUPREME COURT OF LOUISIANA
96-KA-0991 STATE OF LOUISIANA v. WILFRED ROME

ON DIRECT APPEAL FROM THE CRIMINAL DISTRICT COURT, SECTION D, PARISH OF ORLEANS, STATE OF LOUISIANA

KIMBALL, Justice*
ISSUE This criminal appeal involves the constitutionality of La. C.Cr.P. art. 894.2, which provides, in part, that a court may sentence a defendant to home incarceration, in lieu of imprisonment, if the Department of Public Safety and Corrections ("Department") through the division of probation and parole, recommends home incarceration of the defendant and specific conditions of that home incarceration. FACTS On the night of March 17, 1995, at approximately 10:22 p.m., the defendant, Wilfred Rome, drove a van into a group of people who were standing on the sidewalk at the corner of Bourbon and Bienville Streets in New Orleans watching a St. Patrick's Day Parade. While operating this van, the defendant struck thirty-nine people, killing one person. Testing performed after the accident revealed that the defendant's blood alcohol level measured 0.156 percent. Following his arrest, the defendant was charged by bill of information with thirty-nine counts of vehicular negligent injuring pursuant to La. R.S. 14:39.1 and charged by a separate bill of information with one count of vehicular homicide pursuant to La. R.S. 14:32.1. On December 13, 1995, the defendant pled guilty to all of the above counts.

*

Knoll, J., not on panel. Rule IV, Part 2,

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