No. 86-K-0811 Precedential Processed

State v. East

Louisiana Supreme Court · Filed July 1, 1986 · 491 So. 2d 14

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Opinion text

In re East, Wade; applying for supervisory writ; to the Court of Appeal, First Circuit, No. 85-KA-1333; Parish of East Baton Rouge, 19th Judicial District Court, Div. “J”, No. 10-84-148. Prior report: La.App., 486 So.2d 902 . Granted. Defendant’s conviction is affirmed. The sentence is amended, however, to delete the restriction “without benefit of suspension of sentence, probation or parole.” When the state has not requested the enhancement, a trial court may not sentence the defendant under La.C.Cr.P. art. 893.1. See State v. Shows, 488 So.2d 992 (La.1986).