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STATE v. HERRING

No. KA-8263.

527 So.2d 379 (1988)

STATE of Louisiana v. Wayne R. HERRING.

Court of Appeal of Louisiana, Fourth Circuit.

June 7, 1988.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Brian T. Treacy, Asst. Dist. Atty., New Orleans, for plaintiff-appellee.

Kendall Green, New Orleans, for defendant-appellant.

Before SCHOTT, KLEES and PLOTKIN, JJ.

SCHOTT, Judge.

Defendant was convicted of forcible rape (LSA-R.S. 14:42.1) and sentenced to eight years. In our examination of the record for errors patent we found only that the sentence was illegally lenient in that only the first year of the sentence was to be served without benefit of probation, parole, or suspension of sentence; whereas the statute requires the sentencing judge to impose this restriction on the defendant...

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