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STATE v. JOHNSON

No. 81-K/A-3313.

412 So.2d 602 (1982)

STATE of Louisiana v. Bennie JOHNSON.

Supreme Court of Louisiana.

April 5, 1982.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise Korns, Larry J. Radosta, Asst. Dist. Attys., for plaintiff-appellant.

Walter L. Adams, Jr., New Orleans, for defendant-appellee.

LEMMON, Justice.

This matter is before the court on an appeal by the state from a judgment declaring R.S. 46:236.1 unconstitutional because it conflicted with the discretion vested in the trial court by R.S. 14:74.1 We agree with the state that there was no conflict in this case and that the ruling on constitutionality was unnecessary, but we do not agree that the statute prohibits the discretionary ruling issued by the trial judge in...

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