STATE v. ERVEN

No. 36,332-KA.

830 So.2d 368 (2002)

STATE of Louisiana, Appellee v. Lynetta G. ERVEN, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 5, 2002.


Attorney(s) appearing for the Case

Louisiana Appellate Project, by J. Wilson Rambo, for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Charles Minifield, Jason T. Brown, Assistant District Attorneys, for Appellee.

Before WILLIAMS, CARAWAY & PEATROSS, JJ.


PEATROSS, J.

Defendant, Lynetta G. Erven, was convicted by a jury of second degree murder and, pursuant to La. Ch.C. art. 857(B), sentenced to imprisonment at hard labor until her 31st birthday. Defendant appeals. For the reasons stated herein, we vacate and set aside Defendant's conviction and sentence.

FACTS AND PROCEDURAL BACKGROUND

Defendant and a "young black male" approached Bee Bops Grocery in Cullen, Webster Parish, Louisiana, just...

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