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STATE v. DAVIS

No. 88 KA 1580.

544 So.2d 20 (1989)

STATE of Louisiana v. Linel DAVIS.

Court of Appeal of Louisiana, Fourth Circuit.

May 9, 1989.

Attorney(s) appearing for the Case

Sherry Watters, Orleans Indigent Defender Pro., New Orleans, for appellant.

Harry F. Connick, Dist. Atty., Janet Ahern, Asst. Dist. Atty., New Orleans, for Davis.

Before CIACCIO, WARD and BECKER, JJ.

CIACCIO, Judge.

Linel Davis was charged with and convicted, after a jury trial, of the crime of obscenity. La. R.S. 14:106(A)(1). He was sentenced to pay a fine of $1,000 or serve six months in Parish Prison and to pay court cost of $155.00 or serve 30 days in default thereof. Davis appeals his sentence relying upon a single assignment of error. Finding merit with this assignment we affirm the defendant's conviction, vacate his sentence and remand for resentencing...

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