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STATE v. SYLVESTER

19-527.

291 So.3d 718 (2020)

STATE of Louisiana, v. Dwayne Anthony SYLVESTER, Sr., aka Dewayne Sylvester.

Court of Appeal of Louisiana, Third Circuit.

February 5, 2020.

Attorney(s) appearing for the Case

Douglas Lee Harville , Louisiana Appellate Project, Post Office Box 52988, Shreveport, LA 71135-2988, (318) 222-1700, COUNSEL FOR DEFENDANT/APPELLANT: Dwayne Anthony Sylvester, Sr., (AKA Dewayne Sylvester).

Dwayne Anthony Sylvester , Allen Correctional Center, 3751 Lauderdale Woodyard Road, Kinder, LA 70648, IN PROPER PERSON.

John F. DeRosier , District Attorney, Hope W. Buford , Assistant District Attorney, Karen C. McLellan , Assistant District Attorney, Post Office Box 3206, Lake Charles, LA 70602-3206, (337) 437-3400, COUNSEL FOR APPELLEE: State of Louisiana.

John E. Turner , Assistant District Attorney, 901 Lakeshore Drive, Suite 800, Lake Charles, LA 70601, (337) 437-3400, COUNSEL FOR APPELLEE: State of Louisiana.

Court composed of John E. Conery, Van H. Kyzar, and Candyce G. Perret, Judges.

Defendant, Dwayne Anthony Sylvester, Sr. (also known as Dewayne Sylvester), is before this court appealing his sentence as a third habitual offender. On appeal, we vacate Defendant's habitual offender adjudication and sentence and remand for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY:<...

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