STATE v. TATE

No. 23123-KA.

593 So.2d 864 (1992)

STATE of Louisiana, Appellee, v. Kevin TATE, Appellant.

Court of Appeal of Louisiana, Second Circuit.

January 22, 1992.


Attorney(s) appearing for the Case

Steven R. Thomas, Mansfield, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, William R. Jones, Dist. Atty., Robert E. Bethard, Asst. Dist. Atty., Coushatta, for appellee.

Before LINDSAY, BROWN and STEWART, JJ.


LINDSAY, Judge.

The defendant, Kevin Tate, was convicted by a jury of one count of distribution of Diazepam, commonly known as Valium. The defendant was then adjudicated an habitual offender. Accordingly, he was sentenced to serve five years at hard labor. Through counsel, the defendant appeals his conviction and sentence. We affirm the defendant's conviction. However, finding error patent on the face of the record, we reverse the defendant's adjudication as an habitual...

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