STATE v. LEE

No. 96-KA-2392.

699 So.2d 461 (1997)

STATE of Louisiana v. Eddie D. LEE.

Court of Appeal of Louisiana, Fourth Circuit.

August 13, 1997.


Attorney(s) appearing for the Case

Harry F. Connick, District Attorney of Orleans Parish, Val M. Solino, C. Byron Berry, Jr., Assistant District Attorneys of Orleans Parish, New Orleans, for State.

Sherry Watters, Orleans Indigent Defender Program, New Orleans, for defendant.

Before CIACCIO, LOBRANO and PLOTKIN, JJ.


PLOTKIN, Judge.

The issues presented in this appeal are whether the defendant was denied due process of law because he was tried in his prison clothes and whether the trial court erroneously sentenced him to a below minimum sentence, notwithstanding he is HIV positive. We affirm the conviction, vacate the sentence and remand for resentencing in accordance with the Habitual Offender Law.

Defendant Eddie D. Lee was charged with one count of possession of cocaine...

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