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STATE v. McKITHERN

No. 11-1111.

93 So.3d 697 (2012)

STATE of Louisiana v. Larry J. McKITHERN.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 13, 2012.

Attorney(s) appearing for the Case

John Foster DeRosier , District Attorney, 14th Judicial District Court, Carla Sue Sigler , Assistant District Attorney, Karen C. McLellan , The Gray Law Firm, Lake Charles, LA, for Plaintiff/Appellee, State of Louisiana.

Edward Kelly Bauman , Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, Larry Joseph McKithern.

Larry Joseph McKithern , Angola, LA, Defendant/Appellant.

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

THIBODEAUX, Chief Judge.

For the reasons expressed in State v. McKithern, 11-1402 (La.App. 3 Cir 5/2/12), 93 So.3d 684, this court affirms Larry J. McKithern's convictions, vacates McKithern's adjudication and sentences as a habitual offender, and remands the matter for further proceedings to determine McKithern's habitual offender status and for resentencing. The trial court is instructed to notify McKithern of the provisions...

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