State v. Warner

WILLIAMS, Judge.

Defendant, Gregory Warner, appeals his conviction of unauthorized use of a movable valued in excess of $1,000.00, a violation of LSA-R.S. 14:68, as well as his sentence imposed under Louisiana’s Habitual Offender Law, LSA-R.S. 15:529.1. We amend and affirm defendant’s conviction, vacate his sentence, and remand for resen-tencing.

The record shows that, on the evening of August 19, 1987, defendant went to the home of the victim, Barbara Hackett, to view Hackett’s 1976 Chevrolet Blazer which was advertised for sale. After a brief discussion between Hackett and the defendant about…