STATE v. WELCH

No. 84-KA-1530.

462 So.2d 183 (1985)

STATE of Louisiana v. Isaac WELCH, Jr.

Supreme Court of Louisiana.

Rehearing Denied March 21, 1985.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Douglas H. Greenburg, Dist. Atty., for plaintiff-appellee.

Warren Daigel, Jr., Jackie M. Marve, Indigent Defender Program, Houma, for defendant-appellant.


PER CURIAM.

Defendant's conviction for second-degree murder in violation of La.R.S. 14:30.1 is affirmed. We agree with counsel, however, that the penalty imposed by the trial court of life imprisonment at hard labor without benefit of "parole, probation, commutation or dimunition of sentence for a period of 40 years" is illegal and must be set aside. Cf., La.C.Cr.P. art. 882. This Court has consistently held under both La. Const.1921, Art. V, § 10 and...

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