STATE v. SMITH

No. 28280-KA.

677 So.2d 589 (1996)

STATE of Louisiana, Appellee, v. Donald Ray SMITH, Appellant.

Court of Appeal of Louisiana, Second Circuit.

June 26, 1996.


Attorney(s) appearing for the Case

Indigent Defender Board by David Hilburn, for Appellant.

Richard Ieyoub, Attorney General, James Bullers, District Attorney, David Griffith, Assistant District Attorney, for Appellee.

Before MARVIN, BROWN and STEWART, JJ.


STEWART, Judge.

A jury found defendant, Donald Ray Smith, guilty as charged of the January 26, 1992, burglary of an inhabited dwelling, a violation of LSA-R.S. 14:62.2. The trial court imposed the maximum sentence of 12 years at hard labor. The defendant attacks his conviction, urging the state failed to prove the residence was inhabited at the time of the unlawful entry and theft therefrom. Defendant also urges his sentence is excessive. For the following reasons...

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