STATE v. PAYNE

No. 92-KA-497.

612 So.2d 153 (1992)

STATE of Louisiana v. Andrew PAYNE.

Court of Appeal of Louisiana, Fifth Circuit.

December 16, 1992.


Attorney(s) appearing for the Case

Ginger Berrigan, Jefferson Parish Indigent Defender, Gretna, for defendant-appellant.

John M. Mamoulides, Dist. Atty., Lawrence P. Alterman, Brennan Hussey, Dorothy A. Pendergast, Asst. Dist. Attys. (Louise Korns, of counsel), Office of the Dist. Atty., Gretna, for plaintiff-appellee.

Before KLIEBERT, C.J., and WICKER and GOTHARD, JJ.


KLIEBERT, Chief Judge.

On a previous appeal this Court originally affirmed defendant Andrew Payne's conviction of simple burglary (LSA-R.S. 14:62), and vacated his sentence as a multiple offender because the state did not positively establish that the defendant was the same person as the individual convicted in the predicate case. See State v. Payne, 586 So.2d 652 (5th Cir.1991).

On remand, the state dismissed the...

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