GAUDIN, Judge.
This is an appeal by Juan Surtain, found guilty in the 24th Judicial District Court of simple burglary of an inhabited dwelling. The jury verdict was unanimous.
Surtain was sentenced to 10 years at hard labor with credit for time served. The first year of the sentence is without benefit of parole, probation or suspension of sentence.
He briefed and argued two assignments of error:
(1) the evidence was insufficient, and
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