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STATE v. GILBERT

No. 99-KA-315.

760 So.2d 536 (2000)

STATE of Louisiana v. Oneil GILBERT.

Court of Appeal of Louisiana, Fifth Circuit.

April 25, 2000.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Thomas J. Butler, Terry M. Boudreaux, Assistant District Attorneys, Gretna, Louisiana, Attorneys for Appellee.

Katherine M. Franks, Baton Rouge, Louisiana, Attorney for Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., THOMAS F. DALEY and MARION F. EDWARDS.

MARION F. EDWARDS, Judge.

Defendant Oneil Gilbert appeals his conviction and sentence for obscenity under La. R.S. 14:106. We affirm the conviction and remand for resentencing due to an error in the habitual offender proceedings.

On April 16, 1998, the Jefferson Parish District Attorney filed a bill of information charging Gilbert with obscenity, alleging that on April 2, 1998, he exposed himself in a public place. Gilbert was arraigned and pled not guilty...

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