STATE of Louisiana
v.
Clarence MAYS a.k.a. Clarence Savage.
Supreme Court of Louisiana.
*1232 PER CURIAM.
Granted. The decision of the court of appeal is reversed and the defendant's adjudication and sentence as a third felony offender are reinstated.
The adjudication and sentence of defendant as a second offender for purposes of La.R.S. 15:529.1 in 2003 did not preclude the state from adjudicating and sentencing the defendant as a third offender in a subsequent proceeding conducted in 2004. State v. Denis, 96-2706 (La.4/25/97),
Principles of res judicata generally do not apply to habitual offender proceedings, State v. Dorthey,
Thus, in the present case, given introduction of documentary and fingerprint evidence otherwise adequately supporting the allegations of the habitual offender bill at the 2003 hearing, omission of a photograph of the defendant from the materials *1233 obtained from the Department of Corrections should not have precluded defendant's adjudication and sentence as a third offender. The proceedings conducted in 2004 afforded the trial court the opportunity to correct that error. See State v. Stott,
JOHNSON, J., dissents.
