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STATE v. PAYNE

No. 91-KA-178.

586 So.2d 652 (1991)

STATE of Louisiana v. Andrew PAYNE.

Court of Appeal of Louisiana, Fifth Circuit.

September 18, 1991.

Attorney(s) appearing for the Case

Dorothy A. Pendergast, Terry M. Boudreaux, Asst. Dist. Attys., Gretna, for plaintiff/appellee.

Ginger Berrigan, Staff Appellate Counsel, Indigent Defender Bd., Gretna, for defendant/appellant.

Before WICKER and GOTHARD, JJ., and FINK, J. Pro Tem.

GOTHARD, Judge.

The defendant, Andrew Payne, was convicted by a jury of LSA-R.S. 14:62, simple burglary, on September 12, 1990. On December 12, 1990 he was sentenced as a multiple offender under LSA-R.S. 15:529.1 to twelve years at hard labor with credit for time served. The defendant seeks a new sentencing hearing on three grounds: the absence of a written bill of information; the state's failure to convene a sanity commission to determine his competency to proceed...

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