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STATE v. VARNADO

No. 01-KA-367.

798 So.2d 191 (2001)

STATE of Louisiana v. Rudolph VARNADO.

Court of Appeal of Louisiana, Fifth Circuit.

September 13, 2001.

Attorney(s) appearing for the Case

Bruce G. Whittaker, Louisiana Appellate Project, New Orleans, LA, Attorney for Appellant Rudolph Varnado.

Paul D. Connick, Jr., District Attorney, 24th Judicial District, Parish of Jefferson, State of Louisiana, Terry Boudreaux, Appellate Counsel, Cameron Mary, Trial Counsel, Assistant District Attorney, Gretna, LA, Attorneys for Appellee State of Louisiana.

Panel composed of Judges JAMES L. CANNELLA, WALTER J. ROTHSCHILD and JAMES C. GULOTTA, Pro Tempore.

CANNELLA, Judge.

Defendant, Rudolph Varnado, appeals from his conviction of unauthorized use of a motor vehicle and his sentence as a habitual offender to five years imprisonment at hard labor. For the reasons which follow, we affirm and remand.

The Defendant was employed as a truck driver at Dynamic Industries in Harvey, Louisiana. Michael Thrasher (Thrasher) was his supervisor. On Friday, June 16, 2000, the Defendant was assigned the task of driving other...

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