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STATE v. LEA

No. 18158-KA.

499 So.2d 243 (1986)

STATE of Louisiana, Appellee, v. Cecil O'Neal LEA, Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 29, 1986.

Attorney(s) appearing for the Case

William Daniel Dyess, Public Defender, Many, for appellant.

William J. Guste, Atty. Gen., Baton Rouge, Don Burkett, Dist. Atty., James E. Calhoun, Asst. Dist. Atty., Mansfield, for appellee.

Before MARVIN, FRED W. JONES, Jr., and LINDSAY, JJ.

MARVIN, Judge.

Cecil O'Neal Lea appeals his sentence to three years at hard labor after pleaing guilty to simple burglary on the prosecutor's recommendation to the court that the sentence not exceed four years and run concurrently with any sentence Lea received for a burglary committed in another parish. The sentence is not excessive per se, but we set it aside and remand for resentencing for these reasons:

Finding that Lea was a second-felony offender and...

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