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STATE v. CLARK

No. KA-9028.

547 So.2d 5 (1989)

STATE of Louisiana v. James P. CLARK.

Court of Appeal of Louisiana, Fourth Circuit.

June 29, 1989.

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 Pro., New Orleans, for defendantappellant.

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

SCHOTT, Chief Judge.

Defendant was charged with committing armed robbery on September 15, 1980. On December 3, 1980 he pled guilty and was sentenced to fifteen years pursuant to a plea bargain agreement. However, when the state moved to resentence him under the Habitual Offender Law he moved and was permitted to withdraw his plea of guilty and enter a plea of not guilty. On November 19, 1981 he was tried and convicted as charged and he was sentenced to forty years...

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