STATE v. SMITH

No. 83-KA-749.

450 So.2d 735 (1984)

STATE of Louisiana v. Barry Lynn SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

May 14, 1984.


Attorney(s) appearing for the Case

John M. Mamoulides, Dist. Atty., 24th Judicial Dist., James Maxwell, William C. Credo, III, Asst. Dist. Attys., Gretna, for appellee.

Martha E. Sassone, Staff Appeals Counsel, 24th Judicial Dist., Indigent Defender Bd., Gretna, for appellant.

Before CHEHARDY, BOWES and DUFRESNE, JJ.


CHEHARDY, Judge.

On April 15, 1983, Barry Lynn Smith was charged with two counts of violation of R.S. 14:62.2, simple burglary of an inhabited dwelling and structure. He pleaded not guilty. Trial of the matter commenced on July 19, 1983; the following day, the twelve-member jury returned a verdict of guilty as charged on both counts. The trial court ordered a pre-sentence investigation.

On August 31, 1983, the defendant was sentenced to ten years at hard labor...

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