STATE v. JOHNSON

No. 98-KP-0275.

704 So.2d 1172 (1998)

STATE of Louisiana v. David Scott JOHNSON.

Supreme Court of Louisiana.

February 4, 1998.


PER CURIAM:*

Writ granted; court of appeal judgment reversed; sentence reinstated. The record in the instant case makes clear that the penalty originally imposed in 1975 was in no way affected by a misunderstanding of the limits required by law. The record therefore presented the successor judge with no "articulable basis for concluding that the [original] district court imposed [the illegally lenient] sentence under a misapprehension...

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