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STATE v. DAVIS

No. 01-KA-1275.

817 So.2d 171 (2002)

STATE of Louisiana v. Erneal DAVIS.

Court of Appeal of Louisiana, Fifth Circuit.

April 10, 2002.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Rebecca J. Becker, Vincent Paciera, Jr., Gregg Kennedy, Assistant District Attorneys, Gretna, LA, for Appellee.

Christopher A. Aberle, Mandeville, LA, for Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA and MARION F. EDWARDS.

MARION F. EDWARDS, Judge.

Defendant Erneal Davis, appeals his life sentence for second degree murder. We vacate the sentence and remand the matter as follows.

On March 30, 2000, Erneal Davis, was charged by bill of indictment with second degree murder in violation of LSA-R.S. 14:30.1. He was arraigned and pled not guilty, and on October 25, 2000, the case was tried before a twelve-person jury. Davis was found guilty as charged. Prior to sentencing, Davis filed...

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