Louisiana Court of Appeal, 2012

State v. McKithern

Louisiana Court of Appeal · Decided May 2, 2012 · Cooks, Pickett, Thibodeaux

93 So. 3d 697; 11 La.App. 3 Cir. 1111; 2012 WL 1521437; 2012 La. App. LEXIS 587 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

State of Louisiana v. Larry Joseph McKithern AKA - Larry McKithern AKA - Larry J. McKithern (La. Ct. App. 2016)

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Opinion of the Court

THIBODEAUX, Chief Judge.

liFor the reasons expressed in State v. McKithern, 11-1402 (La.App. 3 Cir 5/2/12), 93 So.3d 684, this court affirms Larry J. McKithern’s convictions, vacates McKith-ern’s adjudication and sentences as a habitual offender, and remands the matter for further proceedings to determine McKithern’s habitual offender status and for resentencing. The trial court is instructed to notify McKithern of the provisions of La.Code Crim.P. art. 930.8 at re-sentencing.

CONVICTIONS AFFIRMED. HABITUAL ADJUDICATION VACATED; REMANDED.

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