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STATE v. TODD

No. 52535.

278 So.2d 36 (1973)

STATE of Louisiana v. Darrel Eugene TODD.

Supreme Court of Louisiana.

May 7, 1973.

Attorney(s) appearing for the Case

Michael Silvers, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Harry H. Howard, Asst. Atty. Gen., LeRoy A. Hartley, Special Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee.

CALOGERO, Justice.

Darrel Eugene Todd was charged in a bill of information with violation of the State Obscenity Statute. La.R.S. 14:106. After a trial before a judge he was found guilty and sentenced to pay a fine of $300.00 or serve sixty days in the Parish Prison as to each count of the three count bill of information.

We note ex proprio motu that the trial judge imposed an illegal sentence upon the defendant requiring a remand of the case for sentencing...

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