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STATE v. EPPERLEY

No. 2012-KA-1094.

118 So.3d 1268 (2013)

STATE of Louisiana v. David R. 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 State of Louisiana.

Sherry Watters , New Orleans, LA, for Defendant/Appellant.

(Court composed of Chief Judge JAMES F. McKAY, III, Judge DENNIS R. BAGNERIS, Sr., Judge TERRI F. LOVE).

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 for January 27, 2012 states that the trial court imposed a sentence of three years incarceration in the Louisiana Department of Corrections ("D.O.C.") to run concurrent on each count upon the defendant in this case, the transcripts recorded in this case reveal that the trial court failed to actually impose sentence.

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