STATE v. SMITH

No. 12-KA-580.

106 So.3d 1265 (2012)

STATE of Louisiana v. Marvin SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

December 27, 2012.


Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Assistant District Attorney, Gretna, LA, for Plaintiff/Appellee.

Margaret S. Sollars , Attorney at Law, Thibodaux, LA, for Defendant/Appellant.

Panel composed of Judges SUSAN M. CHEHARDY, MARC E. JOHNSON and ROBERT A. CHAISSON.


MARC E. JOHNSON, Judge.

Defendant, Marvin Smith, appeals his habitual offender sentence of 30 years imprisonment at hard labor from the 24th Judicial District Court, Division "I". For the following reasons, we affirm the sentence.

FACTS AND PROCEDURAL HISTORY

Around 2:00 A.M. on July 17, 1995, Mrs. Merlin Hotard awoke when she heard the sound of a light switch being turned on and then the sound of her dog growling. Mrs. Hotard immediately called...

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