STATE EX REL. MITCHELL v. STATE

No. 89-KH-2532.

580 So.2d 906 (1991)

STATE ex rel. Cleveland MITCHELL v. STATE of Louisiana.

Supreme Court of Louisiana.

Rehearing Denied June 13, 1991.

Dissenting Opinion June 21, 1991.


Attorney(s) appearing for the Case

James E. Boren, Baton Rouge, for Cleveland Mitchell, relator.

Harry Connick, Jack Peebles, Charmagne Padua, New Orleans, for State of La., defendant-respondent.


Dissenting Opinion of Justice Lemmon June 21, 1991.

HALL, Justice.

After conviction of armed robbery, defendant was sentenced in December 1980 to 35 years at hard labor without mention of parole ineligibility as required by LSA-R.S. 14:64. Defendant was later adjudicated a habitual offender and was again sentenced to 35 years without mention of parole ineligibility. His conviction and sentence were affirmed on appeal...

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