State v. Mays

CLARENCE E. McMANUS, Judge.

Defendant appeals his sentence as a third-felony offender. For the following reasons, we vacate his sentence and remand for hearing and resentencing.

STATEMENT OF THE FACTS AND PROCEDURAL HISTORY

On August 2, 1999, at approximately 2:30 a.m., Deputy Scott Zemlik of the Gretna Police Department was working the night shift as a member of the Narcotics Bureau. Officer Zemlik was dressed in uniform and driving a marked patrol unit when he received a dispatch to a shoplifting incident at the EZ Serve located at 1625 Lafayette Street in Gretna. Officer Zemlik drove through…