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STATE v. LOKEY

No. 04-KA-616.

889 So.2d 1151 (2004)

STATE of Louisiana v. Paul C. LOKEY.

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, Anne Wallis, William Credo, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Holli Herrle-Castillo, Louisiana Appellate Project, Marrero, LA, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY and WALTER J. ROTHSCHILD.

MARION F. EDWARDS, Judge.

This is defendant Paul Lokey's second appeal. Here, Lokey argues that the State failed to prove that he waived his right to a jury trial, and that the five-year home incarceration sentence was excessive. Because we find merit in his contention regarding waiver of a jury trial, we vacate the conviction and remand the matter for a new trial.

We initially considered the merits of this matter in the first appeal1

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