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STATE v. WASHINGTON

No. 2005-KA-0431.

921 So.2d 139 (2005)

STATE of Louisiana v. Abraham J. WASHINGTON.

Court of Appeal of Louisiana, Fourth Circuit.

December 7, 2005.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney of Orleans Parish, Meri M. Hartley, Assistant District Attorney of Orleans Parish, New Orleans, LA, for Plaintiff/Appellee.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, LA, for Defendant/Appellant.

Court composed of Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY, Judge ROLAND L. BELSOME.

MURRAY, Judge.

This is a criminal appeal. The sole issue presented is whether the sentence imposed on the defendant, Abraham Washington, pursuant to the firearm sentencing enhancement provision, La.C.Cr. P. art. 893.3, violated his Sixth Amendment right to a jury trial. Finding it did, we vacate the sentence and remand for re-sentencing.

STATEMENT OF THE CASE

On December 5, 2003, the State filed a bill of information charging Mr. Washington with...

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