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STATE v. DAVENPORT

No. 09-KA-261.

28 So.3d 430 (2009)

STATE of Louisiana v. Allen D. DAVENPORT.

Court of Appeal of Louisiana, Fifth Circuit.

November 10, 2009.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Twenty-Fourth Judicial District, Parish of Jefferson, Terry M. Boudreaux, Shannon Swaim, Anne Wallis, Assistant District Attorneys, Gretna, Louisiana, for Plaintiff/Appellee.

Bertha M. Hillman, Hillman Law Firm, Attorney at Law, Louisiana Appellate Project, Thibodaux, Louisiana, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS, and JUDE G. GRAVOIS.

CLARENCE E. McMANUS, Judge.

STATEMENT OF THE CASE

This is defendant's second appeal. Defendant's conviction for simple burglary of an inhabited dwelling and his 12-year sentence were affirmed by this Court in defendant's first appeal. State v. Davenport, 08-463 (La.App. 5 Cir. 11/25/08), 2 So.3d 445. At the time defendant's first appeal was filed, multiple offender proceedings were pending in the district...

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