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STATE v. GALLE

No. 2004-KA-1844.

904 So.2d 773 (2005)

STATE of Louisiana v. Merlin J. GALLE, III.

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.

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

Court composed of Judge PATRICIA RIVET MURRAY, Judge MAX N. TOBIAS Jr., Judge EDWIN A. LOMBARD.

LOMBARD, J.

Defendant/appellant Merlin Galle appeals his conviction for armed robbery, a violation of La.Rev.Stat. 14:64, and attempted armed robbery, a violation of La. Rev.Stat. 14(27):64. After review of the record in light of the applicable law and arguments of the parties1, we affirm the defendant's conviction but vacate his sentence and remand for resentencing.

Relevant Facts

On June 30, 2003, the day Tropical...

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