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STATE v. MILLER

No. 10-237.

49 So.3d 1028 (2010)

STATE of Louisiana v. Michael Jason MILLER.

Court of Appeal of Louisiana, Third Circuit.

November 3, 2010.

Attorney(s) appearing for the Case

John Foster DeRosier , Carla Sue Sigler , Assistant District Attorney, Lake Charles, LA, for State-Appellee, State of Louisiana.

Mark Owen Foster , Louisiana Appellate Project, Natchitoches, LA, for Defendant Appellant, Michael Jason Miller.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and ELIZABETH A. PICKETT, Judges.

PICKETT, Judge.

FACTS

At the end of January 2007, the victim, eighty-five-year-old Hazel Bergeron, answered a knock at her door. She testified a man was at her door wearing a mask made out of "funny papers" and he asked to come in and use the telephone because he had car trouble. Mrs. Bergeron said she recognized him because he had done repair work at her house in December 2006. She knew his voice, and part of his face was exposed.

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