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STATE v. ARMOUR

No. 2003-KA-1882.

874 So.2d 304 (2004)

STATE of Louisiana v. Daphne M. ARMOUR.

Court of Appeal of Louisiana, Fourth Circuit.

April 28, 2004.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney of Orleans Parish, Val M. Solino, Assistant District Attorney of Orleans Parish, New Orleans, LA, for Plaintiff/Appellee.

Sherry Watters, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE).

PATRICIA RIVET MURRAY, Judge.

The defendant, Daphne Armour, appeals asserting as her sole assignment of error the trial court's imposition of an additional three year sentence pursuant to La. R.S. 14:50.2, which provides for the discretionary imposition of an additional three year sentence when the victim of certain crimes of violence is sixty-five years old or older. Ms. Armour seeks a declaration that this statute is unconstitutional and a remand for re-sentencing...

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