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STATE v. WEAVER

No. 38,322-KA.

873 So.2d 909 (2004)

STATE of Louisiana, Appellee v. Dewayne Terrance WEAVER, Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 12, 2004.

Attorney(s) appearing for the Case

Jacqueline Scott, Bossier City, for Appellant.

Robert W. Levy, District Attorney, Clifford R. Strider, III, Stephen K. Hearn, Jr. Assistant District Attorneys, for Appellee.

Before GASKINS, CARAWAY and MOORE, JJ.

MOORE, J.

The defendant was tried by a jury, convicted of armed robbery and sentenced to serve 15 years imprisonment at hard labor. He now appeals alleging seven assignments of error.1 For the following reasons, we affirm the defendant's conviction, but vacate the sentence and remand for re-sentencing.

FACTS

Jessica McDonald and her boyfriend, Jeff Sillinger, had just parked outside her apartment at Village Green Apartments...

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