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STATE v. BRISCO

No. 2004-K-3039.

933 So.2d 754 (2006)

STATE of Louisiana v. Mickel BRISCO.

Supreme Court of Louisiana.

July 6, 2006.

Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, J. Phil Haney, District Attorney, Walter J. Senette, Jr., Jeffrey J. Trosclair, Assistant District Attorneys, for applicant.

Richard A. Spears, New Iberia, for respondent.

WEIMER, Justice.

This matter is before the court for a determination of whether the State may invoke the firearm sentencing provisions set out in LSA-C.Cr.P. art. 893.1, et seq., to limit the trial court's discretion in sentencing when both the firearm sentencing provisions and the underlying offense charged, assault by drive-by shooting, involve discharge of a firearm.2

Defendant was convicted of assault by drive-by shooting...

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