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STATE v. KEMP

No. 39,358-KA.

896 So.2d 349 (2005)

STATE of Louisiana, Appellee v. Ty Deon KEMP, Appellant.

Court of Appeal of Louisiana, Second Circuit.

March 11, 2005.

Attorney(s) appearing for the Case

Louisiana Appellate Project, by Kenota Pulliam Johnson, for Appellant.

Paul Joseph Carmouche, District Attorney, Tommy Jan Johnson, Ron Christopher Stamps, Assistant District Attorneys, for Appellee.

Before PEATROSS, DREW and LOLLEY, JJ.

LOLLEY, J.

Ty Deon Kemp was convicted of attempted armed robbery and sentenced to 15 years at hard labor without benefits. We affirm the conviction but vacate the sentence and remand for resentencing.

FACTS

At approximately 10:45 p.m. on December 6, 2002, two men broke in a glass door and entered a business named Microfilm Systems, where three female employees were working.

One of the terrified victims, Roxanne Abercrombie, hid and immediately...

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