No. 88-KH-2319
Precedential
Set aside
Processed
State ex rel. Blackstone v. Butler
State ex rel. Blackstone v. Butler, 559 So. 2d 491 (La. 1990).
Opinion text
PER CURIAM. Granted. The evidence was insufficient to support relator’s conviction of simple escape. However, every element of the offense of attempted simple escape was established beyond a reasonable doubt. Accordingly, the conviction and sentence for simple escape is set aside. The case is remanded to the district court with instructions to enter a judgment of guilty of attempted simple escape and to sentence rela *492 tor accordingly. La.Code Crim.Proc.Ann. art. 821 E.