STATE v. MAYS

No. 02-KA-448.

831 So.2d 292 (2002)

STATE of Louisiana v. Clarence MAYS (a/k/a "Clarence Savage").

Court of Appeal of Louisiana, Fifth Circuit.

October 16, 2002.


Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Thomas J. Butler, Terry N. Boudreaux, Thomas S. Block, Assistant District Attorneys, Gretna, LA, for State.

Bruce G. Whittaker, New Orleans, LA, for defendant-appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., THOMAS F. DALEY and CLARENCE E. McMANUS.


CLARENCE E. McMANUS, Judge.

Defendant appeals his sentence as a third-felony offender. For the following reasons, we vacate his sentence and remand for hearing and resentencing.

STATEMENT OF THE FACTS AND PROCEDURAL HISTORY

On August 2, 1999, at approximately 2:30 a.m., Deputy Scott Zemlik of the Gretna Police Department was working the night shift as a member of the Narcotics Bureau. Officer Zemlik was dressed in uniform and driving a marked...

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