STATE v. DAVENPORT

No. 2006-0363.

941 So.2d 629 (2006)

STATE of Louisiana v. Herbert DAVENPORT, Jr.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 15, 2006.


Attorney(s) appearing for the Case

Richard Putnam, III, Assistant District Attorney, Abbeville, LA, for Appellee, State of Louisiana.

James Beal, Louisiana Appellate Project, Jonesboro, LA, for Defendant/Appellant, Herbert Davenport, Jr.

Court composed of Chief Judge ULYSSES GENE THIBODEAUX and Judges JIMMIE C. PETERS and J. DAVID PAINTER.


PETERS, J.

A jury convicted the defendant, Herbert Davenport, Jr., of hit and run driving, a violation of La.R.S. 14:100. Thereafter, the trial court sentenced him to serve seven and one-half years at hard labor. The defendant appeals both his conviction and sentence, asserting two assignments of error. For the following reasons, we affirm the defendant's conviction, but vacate his sentence and remand the matter to the trial...

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