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STATE v. KELLY

No. 88-KA-465.

537 So.2d 811 (1989)

STATE of Louisiana v. Andrew KELLY.

Court of Appeal of Louisiana, Fifth Circuit.

January 18, 1989.

Attorney(s) appearing for the Case

John M. Mamoulides, Dist. Atty., John Messina, and Dorothy A. Pendergast, Asst. Dist. Attys., 24th Judicial District, Parish of Jefferson, Gretna, for plaintiff/appellee.

Martha E. Sassone, 24th Judicial District Indigent Defender Bd., Gretna, for defendant/appellant.

Before BOWES, GRISBAUM and WICKER, JJ.

WICKER, Judge.

Andrew Kelly appeals his sentence following guilty pleas to simple burglary, La. R.S. 14:62, and to the habitual offender law, La.R.S. 15:529.1. He asks this court to examine the record for errors patent and reverse his conviction and sentence. The state asks us to correct Kelly's sentence to give him credit for time served. We affirm the conviction and amend the sentence.

After withdrawing his original not guilty plea to simple burglary, Kelly...

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