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STATE v. BERRY

No. 82-K-2515.

430 So.2d 1005 (1983)

STATE of Louisiana v. Benjamin BERRY.

Supreme Court of Louisiana.

Concurring Opinion May 10, 1983.

Rehearings Denied May 20, 1983.

Concurring Opinion May 26, 1983.

Attorney(s) appearing for the Case

Joseph L. Montgomery, Metairie, Martha Sassone, Gretna, for relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., William C. Credo, III, Gordan Konrad, Asst. Dist. Attys., for respondents.

WATSON, Justice.*

Defendant, Benjamin Berry, entered a branch bank in Jefferson Parish to commit an armed robbery and shot a security guard, an off-duty deputy sheriff, to death. Berry was tried and convicted of first degree murder. After a sentencing hearing, the jury recommended the death penalty and Berry was sentenced accordingly. The conviction and sentence were affirmed. State v. Berry, 391 So.2d 406

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