STATE v. MITCHELL

No. 88-KA-2092.

547 So.2d 1136 (1989)

STATE of Louisiana v. Cleveland MITCHELL, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

July 13, 1989.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Brian T. Treacy, Asst. Dist. Atty., New Orleans, for State.

Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for defendant.

Before SCHOTT, C.J., and WILLIAMS and PLOTKIN, JJ.


PLOTKIN, Judge.

Defendant Cleveland Mitchell appeals the trial court's action in resentencing him to 33 years at hard labor without benefit of parole, probation or suspension of sentence, claiming that sentence is harsher than his original sentence to 35 years at hard labor because it requires he serve a greater number of years before becoming eligible for parole. We agree and reinstate the original trial court sentence.

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