State v. Stewart

ON REHEARING

| iNORRIS, Judge,

on rehearing.

The issue in this case is whether the State proved a predicate offense sufficiently to adjudicate the defendant, Robert A. Stewart, a fourth felony offender. We find the State did not meet its burden of proof under La. R.S. 15:529.1D(l)(b) and State v. Shelton, 621 So.2d 769 (La.1993). We therefore set aside the adjudication, vacate the sentence and remand for resentencing.

■ A jury convicted Stewart of possession of cocaine in March 1993. The State later billed him as a recidivist; the District Court adjudicated him a fourth felony offender and…