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STATE v. JOHNSON

No. 14-82.

140 So.3d 854 (2014)

STATE of Louisiana v. Rodney L. JOHNSON, Sr.

Court of Appeal of Louisiana, Third Circuit.

June 4, 2014.

Attorney(s) appearing for the Case

Rodney M. Rabalais , Marksville, Louisiana, for Defendant/Appellant, Rodney L. Johnson, Sr.

Charles A. Riddle, III , District Attorney-Twelfth Judicial District, Norris J. Greenhouse , Assistant District Attorney, Marksville, Louisiana, for Appellee, State of Louisiana.

Court composed of JOHN D. SAUNDERS, JAMES T. GENOVESE, and JOHN E. CONERY, Judges.

GENOVESE, Judge.

In this criminal case, Defendant, Rodney L. Johnson, Sr., appeals his conviction by a jury of the responsive verdict of attempted unauthorized use of withdrawal of collateral securities and his accompanying sentence. He alleges insufficiency of the evidence and trial court error in its instruction to the jury and in ordering $40,000.00 in restitution. For the following reasons, we reverse and vacate Defendant's conviction and sentence.

FACTUAL...

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