STATE v. GILLAM

No. 2003-KA-0369.

850 So.2d 804 (2003)

STATE of Louisiana v. Michael GILLAM.

Court of Appeal of Louisiana, Fourth Circuit.

June 18, 2003.


Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney of Orleans Parish, Donna R. Andrieu, Assistant District Attorney of Orleans Parish, New Orleans, LA, for Plaintiff/Appellant.

Mary Constance Hanes, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge LEON A. CANNIZZARO JR.).


JAMES F. McKAY, III, Judge.

The State of Louisiana takes this appeal from the trial court's refusal to adjudicate Michael Gillam a multiple offender. For the reasons set forth below, we reverse the ruling of the trial court, enter an adjudication as a third felony offender, vacate the original sentence, and remand for resentencing as a third offender.

The State charged Michael Gillam with simple possession of cocaine, a charge to which he pled not guilty....

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