
    STATE of Louisiana v. James K. KRITZMAN, Jr.
    No. 2002-KO-0378.
    Supreme Court of Louisiana.
    April 4, 2003.
   In re Kritzman, James K. Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. E. No. 274797; to the Court of Appeal, First Circuit, No. 2001 KA 0873.

Denied.

CALOGERO, C.J., JOHNSON, J., and KNOLL, J,

would grant the writ application. The record of the habitual offender adjudication does not indicate that the state proved that defendant’s 1993 guilty plea in Michigan to malicious destruction of personal property over $100, a felony offense in that jurisdiction, “if committed in this state would be a felony.” La.Rev. Stat. 15:529.1(A)(1); State ex rel. Wilson v. Maggio, 422 So.2d 1121, 1123-24 (La.1982); State v. Berndt, 416 So.2d 56, 58-59 (La.1982). The district court should be ordered to hold another habitual offender adjudication at which the state will have the opportunity to prove that defendant’s Michigan conviction would have constituted a felony if committed in Louisiana.  