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STATE v. MUHAMMAD

No. 02-KA-338.

831 So.2d 358 (2002)

STATE of Louisiana v. Mustafa H. MUHAMMAD.

Court of Appeal of Louisiana, Fifth Circuit.

October 16, 2002.

Attorney(s) appearing for the Case

Margaret S. Sollars, Thibodaux, LA, for Appellant Mustafa H. Muhammad.

Paul D. Connick, Jr., District Attorney, Terry Boudreaux, Alan D. Alario, II, Assistant District Attorneys, Twenty-Fourth Judicial District, Parish of Jefferson, State of Louisiana, Gretna Courthouse, Gretna, LA, for Appellee State of Louisiana.

Panel composed of Judges JAMES L. CANNELLA, CLARENCE E. McMANUS and HENRY G. SULLIVAN, JR., Pro Tempore.

JAMES L. CANNELLA, Judge.

The Defendant, Mustafa H. Muhammad, appeals from his enhanced sentence as a fourth felony offender. We vacate the enhanced sentence, reinstate his original sentence and remand.

This is the Defendant's second appeal in this case. He was charged by bill of information with 17 counts of Access Device Fraud in violation of La.R.S. 14:70.4. A six person jury found him guilty as charged on all counts. On April 9, 1999, the trial judge sentenced...

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