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802 So. 2d 1021

802 So.2d 1021

2001 La.App.4Cir. 333

State v. Henry

Louisiana Court of Appeal

Decided January 9, 2002

Louisiana Court of Appeal · decided 2002-01-09

Relies on 603 So. 2d 731 - State v. Hearold

Decided 2002-01-09

¶1ON APPLICATION FOR REHEARING

STEVEN R. PLOTKIN, Judge.

¶2On rehearing we vacate the previous decree and reverse the ruling of the trial court. When the entirety of the evidence, including inadmissible evidence which was erroneously admitted, is insufficient to support the conviction, the accused must be discharged as to that crime, and any discussion by the court of the trial error issues as to that crime would be pure dicta since those issues are moot. State v. Hearold, 603 So.2d 731, 734 (La.1992). Looking at the evidence and testimony in the instant case we find that the State did not produce sufficient evidence to sustain a conviction for attempted stalking.

¶3For the reasons stated above the previous decree of this Court in the above captioned matter is vacated and the defendant’s conviction and sentence are reversed.

¶4PREVIOUS DECREE VACATED; REVERSED.

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