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STATE v. BURTON

No. 10-1373.

64 So.3d 916 (2011)

STATE of Louisiana v. Freddie L. BURTON, Jr. aka Freddie L. Burton, aka Freddie L. Burton, Sr.

Court of Appeal of Louisiana, Third Circuit.

May 11, 2011.

Attorney(s) appearing for the Case

Michael Harson , District Attorney, Lafayette, LA, for Appellee State of Louisiana.

William Thomas Babin , Assistant District Attorney, Lafayette, LA, for Appellee State of Louisiana.

G. Paul Marx , Louisiana Appellate Project, Lafayette, LA, for Defendant/Appellant Freddie L. Burton, Jr.

Freddie L. Burton, Jr. , Louisiana State Penitentiary, Angola, LA, pro se.

Court composed of OSWALD A. DECUIR, JAMES T. GENOVESE, and SHANNON J. GREMILLION, Judges.

GREMILLION, Judge.

Freddie L. Burton, Defendant, broke into an unoccupied rental house owned by Brice Hector, without Hector's authorization, and removed two boxed ceiling fans from the home. The jury found him guilty of simple burglary and he was sentenced to serve twelve years at hard labor, with credit for time served, and to pay a fine of $2,000.00.

It is also undisputed that Hector spotted Defendant with the...

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