STATE v. ANDERSON

No. 97-KA-2587.

728 So.2d 14 (1998)

STATE of Louisiana v. Kirk D. ANDERSON.

Court of Appeal of Louisiana, Fourth Circuit.

November 18, 1998.


Attorney(s) appearing for the Case

Arcenious F. Armond, Jr., Gretna, Louisiana, Attorney for Defendant/Appellant, Kirk D. Anderson.

Harry F. Connick, District Attorney, Susan Erlanger Talbot, Assistant District Attorney of Orleans Parish, New Orleans, Louisiana, Attorneys for Appellee, The State of Louisiana.

Court composed of Chief Judge PATRICK M. SCHOTT, and Judge WILLIAM H. BYRNES, III and Judge PATRICIA RIVET MURRAY.


MURRAY, Judge.

Kirk D. Anderson appeals his conviction and sentence for forcible rape, second degree kidnapping, and aggravated crime against nature. He also appeals his adjudication and sentence as a second offender. For the following reasons, we affirm the habitual offender adjudication, set aside the sentence, and remand for resentencing.

STATEMENT OF THE CASE:

On July 19, 1993, defendant, Kirk D. Anderson, was charged by bill of information...

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