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STATE v. MAGEE

No. 2013-KA-1267.

140 So.3d 370 (2014)

STATE of Louisiana v. Kemon J. MAGEE.

Court of Appeal of Louisiana, Fourth Circuit.

April 23, 2014.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, J. Bryant Clark, Jr. , Assistant District Attorney, New Orleans, LA, for Appellant/State of Louisiana.

Powell W. Miller , Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge ROLAND L. BELSOME, Judge JOY COSSICH LOBRANO).

JOY COSSICH LOBRANO, Judge.

The State of Louisiana appeals from a judgment of the trial court that quashed the bill of information against defendant, Kemon Magee, on the basis of double jeopardy pursuant to La.C.Cr.P. art. 532(6)1. For the reasons stated herein, we affirm.

As to the underlying facts, the record indicates that the police officers observed Magee approach a parked vehicle, open

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