STATE v. SERIO

No. 95-KA-338.

670 So.2d 1273 (1996)

STATE of Louisiana v. Ernest SERIO.

Court of Appeal of Louisiana, Fifth Circuit.

February 14, 1996.


Attorney(s) appearing for the Case

Linda Davis-Short, Staff Appellate Counsel, 24th Judicial District, Indigent Defender Board, Gretna, for appellant Ernest Serio.

John M. Mamoulides, District Attorney and Leigh Anne Wall, Assistant District Attorney, Parish of Jefferson, Gretna, for appellee State of Louisiana.

Before GOTHARD and CANNELLA, JJ., and REMY CHIASSON, J. Pro Tem.


CANNELLA, Judge.

Defendant, Ernest Serio, appeals from the adjudication as an habitual offender and sentence to four years at hard labor. For the reasons which follow, we vacate the adjudication as an habitual offender and sentence and remand.

Defendant was convicted of promoting prostitution, a violation of La.R.S. 14:83.2. Thereafter, defendant was charged as and adjudicated a fourth felony habitual offender and sentenced to twenty years at hard labor. On...

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