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STATE v. ROME

No. 96-KA-0991.

696 So.2d 976 (1997)

STATE of Louisiana v. Wilfred ROME.

Supreme Court of Louisiana.

July 1, 1997.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Harry F. Connick, Dist. Atty., Karen Kirshbom Herman, John Jerry Glas, New Orleans, for applicant.

Ralph Capitelli, Capitelli & Wicker, Paul Michael Elvir, Jr., New Orleans, for respondent.

KIMBALL, Justice.*

ISSUE

This criminal appeal involves the constitutionality of La.C.Cr.P. art. 894.2, which provides, in part, that a court may sentence a defendant to home incarceration, in lieu of imprisonment, if the Department of Public Safety and Corrections ("Department") through the division of probation and parole, recommends home incarceration of the defendant and specific conditions of that home incarceration.

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