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STATE v. HERNANDEZ

No. 85-KA-351.

478 So.2d 1326 (1985)

STATE of Louisiana v. Jose M. HERNANDEZ.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Granted January 31, 1986.

Attorney(s) appearing for the Case

Richard M. Thompson, Tosh & Thompson, Gretna, for appellant.

Dorothy A. Pendergast, Louise Korns, Dist. Attys. Office, Gretna, for appellee.

Before CHEHARDY, BOWES and GRISBAUM, JJ.

GRISBAUM, Judge.

This appeal arises out of a conviction for attempted second degree murder (Louisiana Revised Statutes 14:271, and 30.12).

We affirm the conviction, set aside the sentence, and remand the matter for resentencing.

The principal question is whether the evidence (hearsay—per se) was sufficient to support the conviction.

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