STATE OF LOUISIANA VERSUS LARRY J. MCKITHERN
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 11-1111 STATE OF LOUISIANA VERSUS LARRY J. MCKITHERN ********** APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 25391-09 HONORABLE CLAYTON DAVIS, DISTRICT JUDGE ********** ULYSSES GENE THIBODEAUX CHIEF JUDGE ********** Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Elizabeth A. Pickett, Judges. CONVICTIONS AFFIRMED. HABITUAL ADJUDICATION VACATED; REMANDED. John Foster DeRosier District Attorney - 14th Judicial District Court Carla Sue Sigler Assistant District Attorney P. O. Box 3206 Lake Charles, LA 70602-3206 Telephone: (337) 437-3400 COUNSEL FOR: Plaintiff/Appellee - State of Louisiana Edward Kelly Bauman Louisiana Appellate Project P. O. Box 1641 Lake Charles, LA 70602-1641 Telephone: (337) 491-0570 COUNSEL FOR: Defendant/Appellant - Larry Joseph McKithern Karen C. McLellan The Gray Law Firm P. O. Box 1467 Lake Charles, LA 70602-1467 Telephone: (337) 494-0694 COUNSEL FOR: Plaintiff/Appellee - State of Louisiana Larry Joseph McKithern Louisiana State Prison Camp D Falcon 3 Angola, LA 70712 Defendant/Appellant THIBODEAUX, Chief Judge. For the reasons expressed in State v. McKithern, 11-1402 (La.App. 3 Cir __/__/12), __So.3d __, this court affirms Larry J. McKithern s convictions, vacates McKithern s adjudication and sentences as a habitual offender, and remands the matter for further proceedings to determine McKithern s habitual offender status and for resentencing. The trial court is instructed to notify McKithern of the provisions of La.Code Crim.P. art. 930.8 at resentencing. CONVICTIONS AFFIRMED. VACATED; REMANDED. HABITUAL ADJUDICATION
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