STATE v. HERNANDEZ

No. 02-KA-892.

839 So.2d 281 (2003)

STATE of Louisiana v. Nathaniel A. HERNANDEZ.

Court of Appeal of Louisiana, Fifth Circuit.

January 28, 2003.


Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Andrea F. Long, William C. Credo, Kia M. Habisreitinger, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellant.

Arcenious F. Armond, Jr., Gretna, LA, for Defendant/Appellee.

Panel composed of Judges SOL GOTHARD, THOMAS F. DALEY and CLARENCE E. McMANUS.


SOL GOTHARD, Judge.

This is the State's second appeal in this case. On October 12, 2000, defendant pled guilty to armed robbery, a violation of LSA-R.S. 14:64, and agreed to a five year sentence. However, at the time of the commission of defendant's crime, La. R.S. 14:64 provided for a minimum term of imprisonment of ten years. On August 1, 2001, the trial court granted the defendant's motion to enforce the original plea agreement. The trial court sentenced the defendant...

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