STATE v. SMITH

No. 84-KA-427.

463 So.2d 16 (1985)

STATE of Louisiana v. Thomas J. SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

January 14, 1985.


Attorney(s) appearing for the Case

John M. Mamoulides, Dist. Atty., Twenty-Fourth Judicial Dist., Parish of Jefferson, Eric Honig, Dorothy A. Pendergast, Louise Korns, Asst. Dist. Attys., of counsel, Gretna, for appellee.

John H. Craft, Staff Appellate Counsel, Twenty-Fourth Judicial Dist., Indigent Defender Bd., Gretna, for appellant.

Before BOUTALL, GRISBAUM and DUFRESNE, JJ.


BOUTALL, Judge.

Thomas J. Smith, a young man in his early twenties, was charged in a bill of information with simple burglary of an inhabited dwelling place in violation of LSA.R.S. 14:62.2. The jury returned a verdict of attempted burglary, and Smith was given the maximum sentence of six years at hard labor without benefit of parole, probation or suspension of sentence.

The record reflects the following facts:

On August 25, 1983, Smith had visited...

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