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STATE v. SIGLER

No. 80 KA 2788.

396 So.2d 1305 (1981)

STATE of Louisiana v. James N. SIGLER.

Supreme Court of Louisiana.

April 6, 1981.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Wiley Dial, Kay Kirkpatrick, Asst. Dist. Attys., for plaintiff-appellee.

Sumpter B. Davis, III, Baton Rouge, for defendant-appellant.

SCHOTT, Justice Ad Hoc.*

This appeal is from a judgment of the district court declaring as unconstitutional LSA R.S. 14:98 C which provides as follows:

"C. On a second conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than one hundred twenty-five dollars nor more than five hundred dollars and shall be imprisoned for not less than one hundred...

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