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STATE v. KENNY

No. 2011-KA-1819.

116 So.3d 992 (2013)

STATE of Louisiana v. James J. KENNY, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 19, 2013.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Felicity Strachan , Assistant District Attorney, New Orleans, LA, for Appellee, State of Louisiana.

G. Patrick Hand, Jr. , The Hand Law Firm, APLC, Gretna, LA, Graham L. Bosworth , New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge PAUL A. BONIN, Judge MADELEINE M. LANDRIEU, Judge SANDRA C. JENKINS).

MADELEINE M. LANDRIEU, Judge.

Appellant, James J. Kenny, Jr., was convicted of vehicular homicide in violation of Louisiana Revised Statute 14:32.1. He was sentenced to five years at hard labor, without benefit of parole, probation, or suspension of sentence, and fined $2,000.00. For the reasons that follow, we reverse Mr. Kenny's conviction.

FACTS AND PROCEEDINGS BELOW

On February 24, 2009 (Mardi Gras day) at approximately 8:30 p.m., Mr. Kenny was...

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