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STATE v. BROOKS

No. 04-KA-779.

889 So.2d 1064 (2004)

STATE of Louisiana v. Raymond BROOKS, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

November 30, 2004.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Thomas J. Butler, Thomas S. Block, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Margaret S. Sollars, Louisiana Appellate Project, Thibodaux, LA, for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA, and SUSAN M. CHEHARDY.

JAMES L. CANNELLA, Judge.

The Defendant, Raymond Brooks, comes before this Court for the fourth time contesting the validity of the habitual offender proceedings, wherein he was found to be a third felony offender, and his sentence to life in prison without benefit of parole, probation or suspension of sentence.1 For the reasons which follow we affirm the finding as a third felony offender, set aside the sentence and remand.

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