State v. McKithern

Full title: STATE of Louisiana v. Larry J. McKITHERN.

Court: Court of Appeal of Louisiana, Third Circuit.

Date published: Jun 13, 2012

93 So. 3d 697 (La. Ct. App. 2012)

Opinion

No. 11–1111.

2012-06-13

STATE of Louisiana v. Larry J. McKITHERN.

Appeal from The Fourteenth Judicial District Court Parish of Calcasieu, No. 25391–09, Honorable Clayton Davis, District Judge. John Foster DeRosier, District Attorney, 14th Judicial District Court, Carla Sue Sigler, Assistant District Attorney, Karen C. McLellan, The Gray Law Firm, Lake Charles, LA, for Plaintiff/Appellee, State of Louisiana. Edward Kelly Bauman, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, Larry Joseph McKithern.

THIBODEAUX

Appeal from The Fourteenth Judicial District Court Parish of Calcasieu, No. 25391–09, Honorable Clayton Davis, District Judge.
John Foster DeRosier, District Attorney, 14th Judicial District Court, Carla Sue Sigler, Assistant District Attorney, Karen C. McLellan, The Gray Law Firm, Lake Charles, LA, for Plaintiff/Appellee, State of Louisiana. Edward Kelly Bauman, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, Larry Joseph McKithern.
Larry Joseph McKithern, Angola, LA, Defendant/Appellant.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and ELIZABETH A. PICKETT, Judges.

THIBODEAUX, Chief Judge.

For the reasons expressed in State v. McKithern, 11–1402 (La.App. 3 Cir 5/2/12), 93 So.3d 684, 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. HABITUAL ADJUDICATION VACATED; REMANDED.