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STATE v. MARTINEZ

No. 13-437.

124 So.3d 638 (2013)

STATE of Louisiana v. Yolanda MARTINEZ.

Court of Appeal of Louisiana, Third Circuit.

November 6, 2013.

Attorney(s) appearing for the Case

Chad Ikerd , Office of the District Defender, Lafayette, LA, for Defendant-Appellant, Yolanda Martinez.

J.N. Prather, Jr. , Assistant District Attorney, Michael Harson , District Attorney, Fifteenth Judicial District, District Attorney's Office, Lafayette, LA, for the State of Louisiana.

Court composed of JIMMIE C. PETERS, ELIZABETH A. PICKETT, and J. DAVID PAINTER, Judges.

PAINTER, Judge.

In State v. Sarrabea, 13-1271 (La.10/15/13), ___ So.3d ___, 2013 WL 5788888, the Louisiana Supreme Court has upheld our decision in the same case (12-1013 (La.App. 3 Cir. 5/1/13), ___ So.3d ___, 2013 WL 1810228, writ granted, 13-1271 (La.6/26/13), 118 So.3d 428), finding that La.R.S. 14:100.13 is unconstitutional. Accordingly, we vacate the conviction of Defendant, Yolanda Martinez.

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