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STATE v. TIMMONS

No. 43,602-KA.

998 So.2d 145 (2008)

STATE of Louisiana, Appellee v. Michael Cornell TIMMONS, Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 22, 2008.

Attorney(s) appearing for the Case

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

Michael C. Timmons, Pro Se.

Paul Carmouche, District Attorney, Jason Trevor Brown, Catherine M. Estopinal, John Ford McWilliams, Jr., Assistant District Attorneys, for Appellee.

Before WILLIAMS, PEATROSS & DREW, JJ.

PEATROSS, J.

Defendant, Michael Cornell Timmons, challenges his adjudication as a fourth-felony habitual offender. Finding that the State failed to show that a prior conviction fell within the period mandated by La. R.S. 15:529.1(C), we vacate the adjudication and remand the matter to the trial court for further proceedings.

FACTS

Defendant was charged by bill of information with felony theft, in violation of La. R.S. 14:67. As part of a plea...

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