STATE v. LAPELL

No. 00-KA-1056.

777 So.2d 541 (2000)

STATE of Louisiana v. David LAPELL.

Court of Appeal of Louisiana, Fifth Circuit.

December 13, 2000.


Attorney(s) appearing for the Case

Katherine M. Franks, Louisiana Appellate Project, Baton Rouge, LA, Attorney for Appellant, David Lapell.

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

Panel composed of GOTHARD and CANNELLA, JJ., and H. CHARLES GAUDIN, Pro Tempore.


CANNELLA, Judge.

Defendant, David Lapell, appeals from his conviction of first degree robbery and his sentence as a second felony offender to 30 years imprisonment at hard labor, without benefit of parole, probation or suspension of sentence. For the reasons which follow, we affirm the conviction and sentence and remand.

On June 22 1995, Debbie Smith (Smith) was driving a cab for Westbank Cab. At approximately 7:30 a.m., Smith was parked in the parking lot...

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