STATE OF LOUISIANA VERSUS JOEL R. MCDONALD
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 05-104 consolidated with 05-36 STATE OF LOUISIANA VERSUS JOEL R. MCDONALD ************ APPEAL FROM THE SEVENTH JUDICIAL DISTRICT COURT, PARISH OF CATAHOULA, NOS. 03-735 and 03-816, HONORABLE LEO BOOTHE, DISTRICT JUDGE ************ MICHAEL G. SULLIVAN JUDGE ************ Court composed of Ulysses Gene Thibodeaux, Chief Judge, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS. John F. Johnson District Attorney Bradley R. Burget Assistant District Attorney 4001 Carter Street, Suite 9 Vidalia, Louisiana 71373 (318) 336-5526 Counsel for: State of Louisiana Edward Kelly Bauman Louisiana Appellate Project Post Office Box 1641 Lake Charles, Louisiana 70602-1641 (337) 491-0570 Counsel for Defendant/Appellant: Joel R. McDonald G. Paul Marx Louisiana Appellate Project Post Office Box 82389 Lafayette, Louisiana 70598-2389 (337) 237-2537 Counsel for Defendant/Appellant: Dustin K. Runyon SULLIVAN, Judge. For the reasons assigned in the companion and consolidated case, State v. Dustin K. Runyon, 05-36 (La.App. 3 Cir. __/__/05), ___ So.2d ___, Defendant McDonald s convictions are affirmed. His sentence for second degree murder is affirmed, but his sentence for attempted second degree murder is vacated, and the case remanded for re-sentencing. The trial court is instructed that the entirety of the sentence imposed for attempted second degree murder must be served without benefit of parole, probation, or suspension of sentence. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.
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