STATE v. JACKSON

No. 2008-KA-1057.

4 So.3d 131 (2009)

STATE of Louisiana v. Riynell JACKSON.

Court of Appeal of Louisiana, Fourth Circuit.

January 14, 2009.


Attorney(s) appearing for the Case

Robert L. Freeman, Jr., District Attorney, David S. Pipes, Jr., Assistant District Attorney, New Orleans, LA, for State.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, LA, for Defendant.

(Court composed of Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN).


EDWIN A. LOMBARD, Judge.

The defendant, Riynell Jackson, appeals from his adjudication and sentencing as a third offender. After review of the record in light of the arguments of the parties and applicable law, we vacate the defendant's adjudication and sentencing as a third offender, adjudicate him as a second offender, and remand the matter to the district court for resentencing.

Relevant Facts and Procedural History

On March 31, 2005, the...

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