STATE v. ETIENNE

No. CR97-1383.

712 So.2d 981 (1998)

STATE of Louisiana v. Daley ETIENNE, Jr., Defendant—Appellant.

Court of Appeal of Louisiana, Third Circuit.

April 29, 1998.


Attorney(s) appearing for the Case

Michael Cade Cassidy, Dist. Atty., Bennett R. Lapoint, Lake Author, for State.

Lawrence Charles Billeaud, Lafayette, for Daley Etienne, Jr.

Before DOUCET, C.J., and COOKS and WOODARD, JJ.


PER CURIAM.

The defendant, Daley Etienne, Jr., who was convicted of second degree battery, sentenced to serve three years at hard labor and ordered to pay restitution upon any determination of parole, appeals his sentence based on grounds that: (1) It was unconstitutionally excessive and (2) The trial court was without authority to impose restitution as a condition of parole. Given the nature of the present offense and the defendant's prior criminal history, we hold...

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