STATE v. RUSSELL

No. 46,426-KA.

73 So.3d 991 (2011)

STATE of Louisiana, Appellee v. Cedric Dewayne RUSSELL a/k/a Eric Wilson, Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 17, 2011.


Attorney(s) appearing for the Case

Louisiana Appellate Project, by Douglas Lee Harville , for Appellant.

Charles Rex Scott , District Attorney, Jason Trevor Brown , Suzanne M. Owen , Assistant District Attorneys, for Appellee.

Before GASKINS, CARAWAY and MOORE, JJ.


MOORE, J.

Cedric Dewayne Russell, a/k/a Eric Wilson, appeals his conviction for possession with intent to distribute a Schedule II controlled dangerous substance (cocaine), his adjudication as a fourth felony offender, and his sentence of 45 years at hard labor without benefits. For the reasons expressed, we affirm the conviction; however, we reverse the adjudication as a fourth felony offender, vacate the sentence and remand the case for further proceedings.

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