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712 So.2d 946 (1998) STATE of Louisiana v. Eric GRESHAM. No. 97-KA-1158. Court of Appeal of Louisiana, Fifth Circuit. April 15, 1998. *947 Bruce G. Whittaker, Louisiana Appellate Project, Gretna, for Appellant Eric Gresham. *948 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Assistant District Attorney, Research and Appeals, Gretna, for Appellee State of Louisiana. Before GRISBAUM, DUFRESNE and CANNELLA, JJ. CANNELLA, Judge. Defendant, Eric D. Gresham, appeals his conviction of armed robbery. We affirm his conviction, adjudication as an habitual offender and sentence. On October 16, 1996, the Jefferson Parish District Attorney filed a Bill of Information charging defendant with two counts of armed robbery, a violation of La. R.S. 14:64.[1] At the arraignment on October 24, 1996, defendant pled not guilty. He filed a motion to suppress the evidence and confession on October 25, 1996. After a hearing on April 7, 1997, the trial court denied defendant's motion to suppress. On the same day, the state severed count one, and jury selection began. Defendant was tried before a jury of twelve persons on count two on April 8th and 9th, 1997. The jury returned a verdict of guilty as charged on April 9, 1997, by a vote of ten to two. On April 25, 1997, the trial judge sentenced defendant to serve forty years imprisonment at hard labor without benefit of parole, probation or suspension of sentence. On the same date, the state filed an habitual offender Bill of Information, alleging defendant to be a third felony offender. On April 29, 1997, defendant filed a motion for appeal, which the trial court granted on May 1, 1997. The habitual offender hearing was held on September 19, 1997 and the trial court took the matter under advisement. On November 7, 1997, defendant was adjudicated a third felony offender. After vacating defendant's previous sentence, defendant was sentenced to life imprisonment at hard labor, without benefit of parole, probation or suspension of sentence.[2] Officer Chris Gordon of the Gretna Police Department and Jacqueline Billiot (Billiot) testified at the hearing on the motion to suppress. Officer Gordon testified that on September 9, 1996, at approximately 1:00 a.m., he responded to a call regarding an armed robbery at the Burger King located at 78 Westbank Expressway. He was advised that the suspects were two black males and that the robbery had been committed with a gun. On the way to the Burger King, Officer Gordon observed two black males walking away from the Burger King, through the parking lot of 90 Westbank Expressway, approximately a block and a half away from the crime scene. Officer Gordon stated that he stopped his car and saw that Officer Guidry was nearby. He and Officer Guidry ordered the two suspects to stop and place their hands on the hood of the car. Defendant asked what was happening and Officer Gordon responded that they were investigating an armed robbery. Officer Gordon testified that defendant replied, "Man, that wasn't me. I'm just going over to Rally's." Officer