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STATE OF LOUISIANA COURT OF AFIWAL; NO. 07-KA-272

VERSUS  FIFTH CIRCUlW  FIFTH CIRCUIT  
COREY CHEATTEAM  ALED  MAY 2  2008  COURT OF APPEAL  

STATE OF LOUISIANA
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 05-5754, DIVISION "A"
HONORABLE JOAN S. BENGE, JUDGE PRESIDING

May 27, 2008
FREDERICKA HOMBERG WICKER JUDGE
Panel composed of Judges Edward A. Dufresne, Jr., Thomas F. Daley, and Fredericka Homberg Wicker
DUFRESNE, J., CONCURS WITH REASONS.
PAUL D. CONNICK, JR.
District Attorney TERRY M. BOUDREAUX ANNE WALLIS ROGER JORDAN, JR.
Assistant District Attorneys
Parish of Jefferson 200 Derbigny Street Gretna, Louisiana 70053 COUNSEL FOR PLAINTIFF/APPELLEE
COREY CHEATTEAM #337830 Allen Correctional Center 3751 Lauderdale Woodyard Road J-C-1 Bed #37 Kinder, Louisiana 70648 DEFENDANT/APPELLANT
JANE L. BEEBE Attorney at Law Louisiana Appellate Project
P. O. Box 6351 New Orleans, Louisiana 70174 COUNSEL FOR DEFENDANT/APPELLANT
REVERSED AND REMANDED FOR A NEW TRIAL
In this criminal matter the defendant, Corey Cheatteam a/k/a Kedric Carter, appeals his looting conviction, a violation of La.R.S. 14:62.5(B), and his 28-year habitual offender sentence. Among otherpro se and counseled assignments the defendant assigned as error the trial judge's denial of former trial counsel's Batson challenges.' Owing to substantial omissions from the transcript of the trial proceedings, we find the appellate record so deficient that we cannot properly review this case for the alleged Batson error. Therefore, we reverse and remand for a new trial.
PROCEDURAL HISTORY The defendant was tried along with codefendants, Jimmy Carter and Allen Jones a/k/a Larry Cheatteam. After a four-day trial, a unanimous twelve-member
i Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).
jury found all three defendants guilty as charged. This appeal relates solely to the

defendant Corey Cheatteam a/k/a Kedric Carter.2
Mr. William Doyle represented the defendant in the proceedings below. For appeal purposes, Mr. Doyle withdrew and the Louisiana Appellate Project was appointed as appellate counsel. On appeal, the defendant is represented by Jane L. Beebe. Ms. Beebe assigned one error challenging the denial ofthe motion to suppress evidence. The defendant assigned threepro se errors--excessive sentence, insufficiency of the evidence, and Batson violations.
This case was originally set on this court's October 3, 2007 docket. Due to extraordinary circumstances, we continued the matter in order to ensure the defendant his constitutional right to appellate review. La.Const. Art. 1,

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