STATE v. GABRIEL

88-KA-0360.

533 So.2d 92 (1988)

STATE of Louisiana v. Richard GABRIEL.

Court of Appeal of Louisiana, Fourth Circuit.

October 11, 1988.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Beryl McSmith, Asst. Dist. Atty., New Orleans, for plaintiff-appellee.

Sherry Watters, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.

Before GULOTTA, C.J., and SCHOTT and ARMSTRONG, JJ.


SCHOTT, Judge.

On January 5, 1976 defendant was convicted of distribution of heroin (LSA-R.S 40:966(B)) and sentenced to life imprisonment. The alleged date of the offense was September 4, 1975. The United States District Court granted his application for post conviction relief based upon a showing that the trial judge was not aware that he could consider suspension of sentence and probation in imposing the sentence. The federal court ordered him resentenced and on...

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