CALOGERO, Justice.
Defendant Jose M. Hernandez was convicted on a charge of attempted second degree murder, a violation of La.Rev.Stat. Ann. Title 14 § 27 and Title 14 § 30.1. Thereafter he was sentenced to serve twenty years at hard labor without benefit of probation, parole or suspension of sentence. In a two to one decision, a three judge panel of the Fifth Circuit Court of Appeal,
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