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STATE v. HERNANDEZ

No. 03-KA-424.

860 So.2d 94 (2003)

STATE of Louisiana v. Nathaniel A. HERNANDEZ.

Court of Appeal of Louisiana, Fifth Circuit.

October 15, 2003.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, 24th Judicial District, Terry M. Boudreaux— Appellate Counsel, Andrea F. Long—Counsel of Record on Appeal, Gevin P. Grisbaum—Trial Counsel, Assistant District Attorneys, Gretna, LA, for Appellant.

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

Panel composed of Judges JAMES L. CANNELLA, MARION F. EDWARDS and WALTER J. ROTHSCHILD.

JAMES L. CANNELLA, Judge.

For the third time in this case, the State has appealed, arguing again that the trial court erred in deviating from the statutorily mandated minimum sentence of 10 years imprisonment at hard labor.1 For the reasons which follow, we vacate the sentence and remand with instructions.

On October 12, 2000, the Defendant pled guilty to armed robbery, a violation of La. R.S. 14:64, pursuant to a plea agreement...

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