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STATE v. MARTENS

No. 57858.

338 So.2d 95 (1976)

STATE of Louisiana v. Louis Albert MARTENS.

Supreme Court of Louisiana.

October 6, 1976.

Attorney(s) appearing for the Case

Michael W. Fontenot, Jefferson, Samuel S. Dalton Law Offices, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Abbott J. Reeves, Director, Research and Appeals Division, Metairie, for plaintiff-appellee.

CALOGERO, Justice.

In this case applicant's probation was revoked and he was ordered to serve a six month parish prison sentence which had earlier been suspended. We must decide whether the action in the district court was legally correct.

The facts show that on May 16, 1972, defendant Louis Martens pled guilty to a charge of simple battery. On September 7, 1972, he was sentenced to a term of six months; the sentence was suspended, and

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