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STATE v. SPIKES

No. 10-KA-831.

66 So.3d 40 (2011)

STATE of Louisiana v. Larce M. SPIKES.

Court of Appeal of Louisiana, Fifth Circuit.

May 10, 2011.

Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Thomas J. Butler , Shannon K. Swaim , Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Holli A. Herrle-Castillo , Attorney at Law, Louisiana Appellate Project, Marrero, LA, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS, and FREDERICKA HOMBERG WICKER.

FREDERICKA HOMBERG WICKER, Judge.

Defendant/relator, Mr. Larce Spikes, appeals his convictions and sentences for simple burglary of an inhabited dwelling and illegal possession of stolen things, arguing that the two offenses subjected him to double jeopardy. Because we find that the two offenses do not arise from the same conduct, the convictions are affirmed, but the case is remanded to the district court for the correction of a sentencing error.

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