STATE v. BOUWELL

No. 45,635-KA.

48 So.3d 335 (2010)

STATE of Louisiana, Appellee v. Donald Lee BOUWELL, Appellant.

Court of Appeal of Louisiana, Second Circuit.

September 22, 2010.


Attorney(s) appearing for the Case

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

Robert W. Levy , District Attorney, Laurie L. Whitten , Assistant District Attorney, Shreveport, Louisiana, for Appellee.

Before STEWART, PEATROSS and LOLLEY, JJ.


STEWART, J.

The defendant, Donald Lee Bouwell, pled guilty to unauthorized entry of a business, a violation of La. R.S. 14:62.4, and simple criminal damage to property, a violation of La. R.S. 14:56. He was sentenced to three years in prison at hard labor. The defendant now appeals. For the reasons discussed below, we affirm the defendant's conviction, vacate the defendant's sentence, and remand the case for resentencing.

FACTS

On March 15, 2004...

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