STATE v. DAVIS

No. 41,245-KA.

937 So.2d 5 (2006)

STATE of Louisiana, Appellee v. Tommy Louis DAVIS, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Opinion Denying Rehearing September 21, 2006.


Attorney(s) appearing for the Case

W. Jarred Franklin, Louisiana Appellate Project, for Appellant.

Jerry L. Jones, District Attorney, Stephen T. Sylvester, Assistant District Attorney, for Appellee.

Before BROWN, STEWART, GASKINS, CARAWAY, and MOORE, JJ.


BROWN, Chief Judge.

Defendant, Tommy Louis Davis, was convicted of the attempted second degree murder of his ex-girlfriend, Victoria Moore. Thereafter, he was adjudicated a second felony offender and sentenced to 40 years at hard labor without benefit of probation, parole, or suspension of sentence. Defendant's conviction is affirmed; however, the habitual offender adjudication and sentence are vacated, and the matter is remanded...

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