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STATE v. CARTER

No. 96-KA-358.

685 So.2d 346 (1996)

STATE of Louisiana v. Jerome CARTER, a/k/a Calvin Baker, a/k/a Calvin P. Casimer, Jr., a/k/a Andrew Calvin.

Court of Appeal of Louisiana, Fifth Circuit.

November 26, 1996.

Attorney(s) appearing for the Case

Jack M. Capella, District Attorney, Leigh Anne Wall, Assistant District Attorney, Gretna, for Plaintiff/Appellee.

Linda Davis-Short, Gretna, for Defendant/Appellant.

Before BOWES, GRISBAUM and DALEY, JJ.

DALEY, Judge.

Defendant, Jerome Carter, appeals his conviction and sentence for theft over $500, a violation of LSA-R.S. 14:67. For the reasons below, we affirm the conviction, vacate the sentence, and remand for resentencing and other instructions.

Carter was charged by bill of information with first degree robbery, a violation of LSA-R.S. 14:64.1. The state later amended the charged offense to theft of merchandise valued at more than $500.00, a violation...

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