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STATE v. COLEMAN

No. 84-K-1223.

465 So.2d 709 (1985)

STATE of Louisiana v. Rod COLEMAN.

Supreme Court of Louisiana.

Rehearings Denied May 2, 1985.

Attorney(s) appearing for the Case

Paula Cobb, Baton Rouge, for applicant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie Brown, Dist. Atty., Kay Kirkpatrick, Susan Ponder, Asst. Dist. Attys., for respondent.

DENNIS, Justice.

Is a five year hard labor sentence for attempted manslaughter "illegal" because the district attorney failed to charge defendant, or timely seek enhancement of his sentence, under statutes mandating additional penalties for his criminal use of a firearm? The court of appeal held that such a sentence is "illegal" and "may be corrected at anytime." State v. Coleman, 451 So.2d 185 (La.App. 1st Cir.1984). We...

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