STATE v. DEAN

No. 91-K-0632.

588 So.2d 708 (1991)

STATE of Louisiana v. Cyril DEAN.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion on Grant of Rehearing November 27, 1991.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Valerie Welz, Asst. Dist. Atty., New Orleans, for relator.

Robert Glass, New Orleans, for respondent.

Before SCHOTT, C.J., and WILLIAMS and ARMSTRONG, JJ.


SCHOTT, Chief Judge.

We grant certiorari in order to consider the validity of a ruling by the trial court finding defendant not guilty of being an habitual offender.

Defendant was convicted of distribution of cocaine in violation LSA-R.S. 40:967(A) and originally sentenced to ten years. Pursuant to the Habitual Offender Law, R.S. 15:529.1, the state filed an information accusing defendant of a previous conviction of simple burglary. Although the state proved...

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