¶2INDIGENT DEFENDER OFFICE, By: Michelle M. Andrepont LOUISIANA APPELLATE PROJECT, By: W. Jarred Franklin, Counsel for Appellant.

¶3PAUL J. CARMOUCHE, District Attorney, DAMON D. KERVIN, JOHN FORD McWILLIAMS, JR., Assistant District Attorneys, Counsel for Appellee.

¶4Before BROWN, PEATROSS and MOORE, JJ.

¶5PER CURIAM

¶6Johnny Lee Capers appeals his adjudication as a second felony offender and his sentences of 49½ years at hard labor. We now vacate the adjudication and remand for further proceedings.

¶7Capers was originally convicted of two counts of armed robbery, adjudicated a third felony offender and sentenced to two concurrent life sentences. On appeal, this court affirmed the offenses of conviction but vacated the multiple offender adjudication for insufficient proof that the cleansing period of La. R.S. 15:529.1 C had not elapsed. State v. Capers, 41,231 (La. App. 2 Cir. 8/23/06), 938 So. 2d 1076.

¶8On remand, the district court vacated the original sentences, adjudicated him a second felony offender and sentenced him to 49'/2 years at hard labor on each count. Capers again appeals, urging insufficient proof that the cleansing period had elapsed. In brief, the state concedes that it "failed to offer proof of defendant's actual discharge date at the multiple offender hearing" and that the adjudication and sentences should be vacated.

¶9We agree that this error patent requires us to vacate the adjudication and sentences and remand the case for further proceedings. State v. Bullocl311 So. 2d 242 (La. 1975); State v. Capers, supra.

¶10HABITUAL OFFENDER ADJUDICATION AND SENTENCES VACATED; CASE REMANDED FOR FURTHER PROCEEDINGS.