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STATE v. BUTLER

No. KA 89 1099.

563 So.2d 976 (1990)

STATE of Louisiana v. Herbert BUTLER.

Court of Appeal of Louisiana, First Circuit.

May 30, 1990.

Attorney(s) appearing for the Case

Bryan Bush, Dist. Atty., Office of the Dist. Atty., Baton Rouge, by Bert Garraway, Asst. Dist. Atty., for plaintiff/appellee.

Joseph Marcal, New Orleans, for defendant/appellant.

Before COVINGTON, C.J., WATKINS, J., and DOHERTY, J. Pro Tem.

COVINGTON, Chief Judge.

Herbert Butler was indicted for the second degree murder of Michelle Y. Poche, in violation of LSA-R.S. 14:30.1. He entered the dual plea of not guilty and not guilty by reason of insanity. After trial by jury, defendant was convicted as charged. The trial court imposed the mandatory penalty of life imprisonment, without benefit of probation, parole, or suspension of sentence. He appealed, urging...

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