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STATE v. McCLAIN

No. 15117-KA.

426 So.2d 338 (1983)

STATE of Louisiana, Plaintiff-Appellee, v. Cleave McCLAIN, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

January 17, 1983.

Attorney(s) appearing for the Case

William D. Dyess, Many, for defendant-appellant.

James L. Davis, Dist. Atty., Many, for plaintiff-appellee.

Before PRICE, MARVIN and FRED W. JONES, Jr., JJ.

FRED W. JONES, Jr., Judge.

After a trial by jury, defendant was found guilty, as charged, of the offense of aggravated battery (La.R.S. 14:34) and sentenced to be imprisoned at hard labor for three years. Upon appeal to the Louisiana Supreme Court, the conviction was affirmed but the sentence vacated because the trial judge did not follow the guidelines set forth in La.C.Cr.P. Article 894.1. See State v. McClain, 415 So.2d 936

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