STATE v. UNDERWOOD

No. CR98-363.

724 So.2d 859 (1998)

STATE of Louisiana v. Oscar Ray UNDERWOOD, Defendant—Appellant.

Court of Appeal of Louisiana, Third Circuit.

December 23, 1998.


Attorney(s) appearing for the Case

Don M. Burkett, Many, for State of Louisiana.

Paula C. Marx, Lafayette, for Oscar Ray Underwood.

BEFORE: THIBODEAUX, COOKS and WOODARD, Judges.


WOODARD, Judge.

Oscar Ray Underwood, the defendant, alleges that his fifteen-year sentence at hard labor for committing aggravated burglary is excessive. For the following reasons, we set aside the sentence and remand for resentencing.

FACTS

On January 7, 1997, the defendant entered the residence of Gertrude Cornish without authorization. Attempting to force her to resume a "relationship" with him, he held a butter knife to the stomach of her eight...

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