STATE v. BANNISTER

No. 11-KA-602.

88 So.3d 628 (2012)

STATE of Louisiana v. Bennie BANNISTER.

Court of Appeal of Louisiana, Fifth Circuit.

February 14, 2012.


Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Thomas J. Butler , Appellate Counsel, Shannon Swaim , Trial Counsel, Assistant District Attorneys, Gretna, LA, for Appellee, State of Louisiana.

Bruce G. Whittaker , Attorney at Law, New Orleans, LA, for Appellant, Bennie Bannister.

Panel composed of Judges SUSAN M. CHEHARDY, WALTER J. ROTHSCHILD, and JUDE G. GRAVOIS.


SUSAN M. CHEHARDY, Judge.

On appeal, defendant challenges his conviction for attempted second degree murder and his multiple offender adjudication. Upon review, we affirm his underlying conviction and multiple offender adjudication but vacate defendant's underlying and enhanced sentences.

Facts

At trial, Larry St. Amant testified that, on September 4, 2006, which was Labor Day that year, he was driving his sister's champagne-colored Cadillac...

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