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STATE v. SMITH

No. 15297-KA.

431 So.2d 838 (1983)

STATE of Louisiana, Plaintiff-Appellee, v. Kenneth Alexis SMITH, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied June 29, 1983.

Attorney(s) appearing for the Case

Robert P. Waddell, Shreveport, for defendant-appellant.

Paul J. Carmouche, Dist. Atty., Shreveport, Barbara B. Rutledge, Asst. Atty. Gen., Carey T. Schimpf, Catherine M. Estopinal, Asst. Dist. Attys., for plaintiff-appellee.

Before FRED W. JONES, Jr., SEXTON and NORRIS, JJ.

PER CURIAM.

Defendant, Kenneth A. Smith, pleaded guilty to simple burglary of an inhabited dwelling (R.S. 14:62.2) and was sentenced to imprisonment at hard labor for 12 years, one of which was to be served without benefit of parole. Defendant appealed his sentence, filing five assignments of error which centered around a complaint of excessiveness due to the trial judge's (1) failure to accord proper weight to mitigating circumstances and (2) erroneous consideration...

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