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STATE v. ADAIR

No. 04-KA-120.

875 So.2d 972 (2004)

STATE of Louisiana v. Michael ADAIR.

Court of Appeal of Louisiana, Fifth Circuit.

May 26, 2004.

Attorney(s) appearing for the Case

Anthony G. Falterman, District Attorney, Donald D. Candell, Assistant District Attorney, Twenty-Third Judicial District, Parish of St. James, Convent, LA, for Plaintiff/Appellee.

Jennifer L. Pate, Louisiana Appellate Project, Baton Rouge, LA, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SOL GOTHARD and THOMAS F. DALEY.

SOL GOTHARD, Judge.

Defendant, Michael Adair, filed this criminal appeal seeking review of his sentence. For reasons that follow, we affirm.

Adair was charged with negligent homicide in violation of La. R.S. 14:32.1(2) as a result of the death of a passenger, Pershing Dempster, III, in a vehicle Adair was driving. At the time of the accident, Adair's blood alcohol level was .19%. Adair pled guilty as charged and was sentenced to ten years at hard labor, with...

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