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STATE v. SPELLS

No. 2012-KA-1148.

116 So.3d 1011 (2013)

STATE of Louisiana v. John H. SPELLS.

Court of Appeal of Louisiana, Fourth Circuit.

May 29, 2013.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Scott G. Vincent , Assistant District Attorney, New Orleans, LA, for Appellee/State of Louisiana.

Sherry Watters , Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge ROLAND L. BELSOME, Judge MADELEINE M. LANDRIEU).

MADELEINE M. LANDRIEU, Judge.

John H. Spells appeals his conviction and sentence for the crime of home invasion. For the reasons that follow, we affirm the conviction, vacate the sentence, and remand for resentencing.

STATEMENT OF CASE

The State charged Mr. Spells with home invasion, a violation of La. R.S. 14:62.8.1 Mr. Spells was arraigned and pled not guilty. Prior to trial, he filed a motion to suppress the...

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