STATE of Louisiana v. Larry J. McKITHERN
Syllabus
STATE of Louisiana v. Larry J. McKITHERN. No. 11-1111. Court of Appeal of Louisiana, Third Circuit. May 2, 2012. Rehearing Denied June 13, 2012. 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 McKith-ern. Larry Joseph McKithern, Angola, LA, Defendant/Appellant. Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and ELIZABETH A. PICKETT, Judges.
Full Opinion (544 characters)
THIBODEAUX, Chief Judge. liFor 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 McKith-ern’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 re-sentencing. CONVICTIONS AFFIRMED. HABITUAL ADJUDICATION VACATED; REMANDED.
Source: Caselaw Access Project (Harvard Law School). This page is informational and is not legal advice.