STATE v. LINN

No. 43,006-KA.

975 So.2d 771 (2008)

STATE of Louisiana, Appellee v. James Fredrick LINN, Appellant.

Court of Appeal of Louisiana, Second Circuit.

February 13, 2008.


Attorney(s) appearing for the Case

Carey J. Ellis, III, Louisiana Appellate Project, for Appellant.

James Fredrick Linn, Pro Se.

Paul J. Carmouche, District Attorney, Tommy J. Johnson, John Ford McWilliams, Jason T. Brown, Assistant District Attorneys, for Appellee.

Before STEWART, GASKINS, and LOLLEY, JJ.


LOLLEY, J.

The defendant, James Fredrick Linn, was found guilty after trial by jury of the charged offense of creation and operation of a clandestine laboratory, a violation of La. R.S. 40:983(A)(1). He was sentenced to eight years at hard labor and now appeals. For the following reasons, we affirm Linn's conviction, but vacate his sentence and remand to the trial court for resentencing.

FACTS

On February 18, 2006, Linn was pulled over for a traffic...

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