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STATE v. SMITH

No. 89-KA-1883.

570 So.2d 82 (1990)

STATE of Louisiana v. Robert B. SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

October 30, 1990.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Daniel A. Claitor, Asst. Dist. Atty., New Orleans, for plaintiff-appellant State of La.

Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for defendant-appellee Robert B. Smith.

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

KLEES, Judge.

Defendant appeals the imposition of his sentence without benefit of parole or good time. We amend and affirm.

On February 14, 1989, at approximately 11:25 p.m., Officers Joe Maumus and Dale Athmann were on patrol on North Rampart Street. As they passed the parking lot of the D.H. Holmes Car Care Center in the 200 block of North Rampart, they saw defendant walking in the parking lot. The officers pulled off to the side and observed defendant walking...

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