Summary
rejecting defendant’s theory of misidentification where victim saw the defendant "pretty good" outside in the dark on night of incident and identified defendant shortly after the incident and again at trial
Summary of this case from State v. JacksonOpinion
No. 2017–KO–1802
06-15-2018
STATE of Louisiana v. Kelly B. COCKERHAM
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF WEST BATON ROUGE
Writ denied.
CRICHTON, J., would grant in part and assigns reasons.
GENOVESE, J., would grant for the reasons assigned by Judge Holdridge.
CRICHTON, J., would grant in part and assigns reasons:As Judge Holdridge notes in his dissent below, without an amendment to the habitual offender bill of information by the district attorney, the district court was limited to sentencing the defendant as a third-felony offender. I agree and would therefore reverse the fourth-felony adjudication and remand to the district court for further proceedings.