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State v. Payton3/15/2002
el's argument.
Furthermore, Officer Loosemore's testimony on re-direct examination indicated there was competent evidence to prove the defendant was the same individual guilty of the 1995 conviction.
Q: here are fingerprints on the arrest register?
A: That's correct, on the rear of the documents.
Q: And whose fingerprints are those?
A: Those fingerprints match the subject who I fingerprinted here today, one Johnell Payton.
Q: On that arrest register, whose name is listed?
A: On the arrest register, is one Johnell Payton, date of birth, 1/7/76.
Q: And what date of arrest is on there?
A: 7/7 of '95.
Q: And what item number appears on that register?
A: The police item number is G12895 of '95.
Q: And what is the crime listed?
A: Crime listed is attempt theft of an auto/$7,000.
Q: And I ask you to compare the arrest register in State's Exhibit Four with the arrest register in State's Exhibit Five.
A: The arrest register in State's Exhibit Number Four and at the rear of State's Exhibit Number Five--the arrest register and booking sheet are one in the same; the item number, one in the same; date of arrest, one in the same; and the subject who was arrested and booked is one in the same.
Q: So all the information on the arrest register in Exhibit Four is exactly the same Exhibit Five?
A: At the rear of the document, yes, sir. Transcript of Multiple Bill Hearing (8/24/98) at 13-14 (emphasis added).
Therefore, in light of our well-settled jurisprudence and the forgoing testimony, we find the State did present competent evidence to prove defendant's identity and that he was the same person convicted of the prior felony offenses.
Even in the absence of fingerprints or some documents relating to the 1995 conviction, there was competent evidence to establish the defendant's third-felony status.
DECREE
FOR THE FOREGOING REASONS, WE REVERSE THE COURT OF APPEAL AND REMAND FOR SENTENCING IN ACCORDANCE WITH THE LOUISIANA HABITUAL OFFENDER ACT.
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