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STATE v. GERBITZ

No. 93-KA-351.

626 So.2d 739 (1993)

STATE of Louisiana v. Michael GERBITZ.

Court of Appeal of Louisiana, Fifth Circuit.

October 26, 1993.

Attorney(s) appearing for the Case

Dorothy A. Pendergast, Asst. Dist. Atty., Gretna, for plaintiff-appellee.

Douglas A. Allen, Jr., Metairie, for defendant-appellant.

Before GAUDIN, GRISBAUM and CANNELLA, JJ.

GAUDIN, Judge.

Michael Gerbitz was originally charged with simple burglary of an inhabited dwelling, LSA-R.S. 14:62.2. Following plea bargaining, he pled guilty to an amended and reduced charge of unauthorized entry of an inhabited dwelling, LSA-R.S. 14:62.3. He agreed to and was given a three-year sentence.

Gerbitz appeals his sentence as excessive. Our thorough review of this state's jurisprudence reveals that once an accused intelligently agrees, along...

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