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STATE v. METOYER

No. 99-KA-590.

748 So.2d 1174 (1999)

STATE of Louisiana v. Terrance METOYER.

Court of Appeal of Louisiana, Fifth Circuit.

November 10, 1999.

Attorney(s) appearing for the Case

Bruce G. Whittaker, Louisiana Appellate Project, Gretna, for Appellant Terrance Metoyer.

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Ellen S. Fantaci, Tom Barbera, Laurence P. Alterman, Deborah A. Villio, Assistant District Attorneys, Trial Attorneys, Gretna, for Appellee State of Louisiana.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., JAMES L. CANNELLA and SUSAN M. CHEHARDY.

CANNELLA, J.

Defendant, Terrance Metoyer, appeals from the multiple offender proceedings in which he was sentenced to life in prison upon the court finding that he is a third offender. For the reasons which follow, we vacate the sentence and remand.

This case is before us on appeal for the third time. Originally, defendant appealed from his conviction for aggravated escape and sentence as a fourth offender to life in prison. State v. Metoyer,

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