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STATE v. TOMLINSON

No. 05-KA-201.

916 So.2d 1200 (2005)

STATE of Louisiana v. Derrick Dwayne TOMLINSON.

Court of Appeal of Louisiana, Fifth Circuit.

October 6, 2005.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Anne Wallis, Martin A. Belanger, Jr., Assistant District Attorneys, Parish of Jefferson, Gretna, Louisiana, Counsel for Plaintiff/Appellee.

Margaret S. Sollars, Louisiana Appellate Project, Thibodaux, Louisiana, Counsel for Defendant/Appellant.

Panel composed of Judges JAMES L. CANNELLA, CLARENCE E. McMANUS, and JAMES C. GULOTTA, Pro Tempore.

JAMES L. CANNELLA, Judge.

The Defendant, Derrick Dwayne Tomlinson, appeals from his finding as a habitual offender and his enhanced sentence of 25 years imprisonment at hard labor, without benefit of probation or suspension of sentence. For the reasons which follow, we vacate the finding that the Defendant was a habitual offender and enhanced sentence.

This is the Defendant's second appeal in this case. His conviction...

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