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STATE v. EPPERLEY

No. 2012-KA-0766.

119 So.3d 942 (2013)

STATE of Louisiana v. Randall EPPERLEY and David Epperley.

Court of Appeal of Louisiana, Fourth Circuit.

June 19, 2013.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Kyle Daly , Assistant District Attorney, New Orleans, LA, for Appellee, State of Louisiana.

Stavros Panagoulopoulos , Pelican Law Group, P.L.C., New Orleans, LA, for Defendant/Appellant, Randall Epperley.

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

(Court composed of Chief Judge JAMES F. McKAY, III, Judge ROLAND L. BELSOME, Judge ROSEMARY LEDET).

JAMES F. McKAY, III, Chief Judge.

A review of the record reveals a patent error which is fatal to this appeal. While the minute entry states that the trial court imposed sentences of five years incarceration under the supervision of the Louisiana Department of Corrections ("D.O.C.") upon each defendant in this case, as well as in each of the companion cases, the transcript of sentencing reveals that the court failed to impose...

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