CALOGERO, Justice.
Defendant, Thomas Phillips, was charged by bill of information with simple burglary of a McKenzie Bakery in New Orleans on May 19, 1975, in violation of La.R.S. 14:62. After electing to waive trial by jury, he was tried by a judge, found guilty as charged, and sentenced to serve five years imprisonment in the custody of the Department of Corrections. On this appeal, defendant assigns only one error for reversal of his conviction and sentence.
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