STATE v. EVERETT

No. 2000-K-2998.

816 So.2d 1272 (2002)

STATE of Louisiana v. Larry EVERETT.

Supreme Court of Louisiana.

Rehearing Denied June 21, 2002.


Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Harry F. Connick, District Attorney, Nicole B. Barron, Scott D. Peebles, for applicant.

Robert S. Glass, New Orleans, for respondent.


KIMBALL, Justice.

We granted certiorari to consider whether a defendant can be adjudicated a third offender pursuant to Louisiana's Habitual Offender Law, La. R.S. 15:529.1, when, at the time he committed his second offense, he could not have been adjudicated a second offender. Based on our interpretation of Louisiana's Habitual Offender Law, we conclude that defendant was properly adjudged a third offender notwithstanding the fact that he could not have previously...

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