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STATE v. MARTINEZ

No. 09-KA-1057.

40 So.3d 1113 (2010)

STATE of Louisiana v. Deyton MARTINEZ.

Court of Appeal of Louisiana, Fifth Circuit.

May 25, 2010.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Thomas J. Butler, Michael G. Morales, Assistant District Attorneys, Parish of Jefferson, Gretna, LA, for Plaintiff/Appellee.

Bruce G. Whittaker, Attorney at Law, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.

EDWARD A. DUFRESNE, Jr., Chief Judge.

This is the second appeal filed by defendant, Deyton Martinez. In this appeal, he challenges the sufficiency of the evidence used to convict him of attempted second degree murder. Defendant further challenges as excessive the ninety-nine year enhanced sentence that was imposed pursuant to the multiple offender proceedings. For the reasons that follow, we affirm defendant's adjudication and sentence as a second felony offender...

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