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STATE v. PHILLIPS

No. 2004-KA-2005.

905 So.2d 337 (2005)

STATE of Louisiana v. Melvin PHILLIPS.

Court of Appeal of Louisiana, Fourth Circuit.

May 18, 2005.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney, Yolanda J. King, Assistant District Attorney, New Orleans, Counsel for Plaintiff/Appellee.

Mary Constance Hanes, Louisiana Appellate Project, New Orleans, Counsel for Defendant/Appellant.

Court composed of Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME.

GORBATY, J.

Melvin Phillips appeals his conviction of illegal possession of stolen property valued at least $500, and his sentence of ten years at hard labor as a second offender. For the following reasons, we vacate the conviction and sentence, enter a conviction of illegal possession of stolen property valued under $100, and remand the matter for resentencing.

STATEMENT OF CASE:

On August 11, 2003 the appellant Melvin Phillips was charged with...

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