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STATE v. BIRCH

No. 41,979-KA.

956 So.2d 793 (2007)

STATE of Louisiana, Appellee v. Clavin BIRCH, Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2007.

Attorney(s) appearing for the Case

Peggy J. Sullivan, Louisiana Appellate Project, Monroe, for Appellant.

Walter E. May, Jr., District Attorney, H. Russell Davis, Kenneth P. Haines, Assistant District Attorneys, for Appellee.

Before GASKINS, PEATROSS and LOLLEY, JJ.

GASKINS, J.

The defendant, Clavin Birch, was convicted by a jury of armed robbery with a firearm, in violation of La. R.S. 14:64 and 14:64.3. He was sentenced to serve 30 years at hard labor without benefit of parole, probation, or suspension of sentence. The defendant appeals his conviction and sentence. For the following reasons, we affirm the conviction, vacate the sentence and remand for resentencing.

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