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STATE v. GASS

Nos. 31,816-KW, 31,817-KW.

728 So.2d 896 (1999)

STATE of Louisiana, Applicant, v. Johnny GASS and Raymond Kunzman, Respondents.

Court of Appeal of Louisiana, Second Circuit.

January 20, 1999.

Attorney(s) appearing for the Case

Peggy J. Sullivan, Louisiana Appellate Project, Counsel for Respondents.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Traci A. Moore, Assistant District Attorney, Counsel for Applicant.

Before NORRIS, WILLIAMS and STEWART, JJ.

NORRIS, Chief Judge.

Johnny Gass and Raymond Kunzman, separately convicted by unanimous juries of attempted armed robbery in violation of La. R.S. 14:64 & 14:27, were adjudicated second felony offenders pursuant to the Habitual Offender Statute, La. R.S. 15:529.1, and sentenced to less than the mandatory minimum. The State seeks review of the sentences as illegally lenient. We reverse and remand.

Facts

On August 8, 1997, Kunzman and Gass...

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