GRANTED. The sentence imposed in 37,905 is amended to delete the restriction providing that "the imposition of this sentence under 893.1 shall not be suspended and the defendant shall not be eligible for probation or parole." When the state has not requested the enhancement, a trial court may not sentence the defendant under La.C.Cr.P. art. 893.1. See State v. Shows,
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STATE EX REL. MAYBERRY v. STALDER
No. 89-KH-0480.
566 So.2d 965 (1990)
STATE ex rel. Oliver R. MAYBERRY v. Richard L. STALDER, Warden, Wade Correctional Center.
Supreme Court of Louisiana.https://leagle.com/images/logo.png
September 28, 1990.
September 28, 1990.
Supreme Court of Louisiana.
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