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STATE v. GREEN

No. CR85-316.

491 So.2d 502 (1986)

STATE of Louisiana, Plaintiff-Appellee, v. Thomas Y. GREEN, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

July 21, 1986.

Attorney(s) appearing for the Case

Jim Ortego, Lake Charles, Adam Ortego, Sulphur, for defendant-appellant.

Richard Ieyoub, Dist. Atty., Lake Charles, for plaintiff-appellee.

Before GUIDRY, FORET and LABORDE, JJ.

LABORDE, Judge.

Defendant Thomas Y. Green was charged with a violation of LSA-R.S. 14:30.1, second degree murder. On November 17, 1983, ten of twelve jurors found Green guilty of manslaughter. LSA-R.S. 14:31. Green was sentenced pursuant to LSA-R.S. 14:31, LSA-R.S. 14:95.2, and La. C.Cr.P. art. 893.1 to serve seven years of imprisonment at hard labor without benefit of parole, probation or suspension of sentence. This court in State v. Green,

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