STATE v. HERNANDEZ

No. 01-KA-1147.

815 So.2d 126 (2002)

STATE of Louisiana v. Nathaniel HERNANDEZ.

Court of Appeal of Louisiana, Fifth Circuit.

March 13, 2002.


Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Alison Wallis, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellant.

Arcenious F. Armond, Jr., Gretna, LA, for Defendant/Appellee.

Panel composed of Judges SOL GOTHARD, THOMAS F. DALEY, and WALTER J. ROTHSCHILD.


THOMAS F. DALEY, Judge.

The defendant was sentenced to five years at hard labor pursuant to a guilty plea to armed robbery. The State has appealed, contending the five year sentence was illegally lenient. For the reasons which follow, we vacate the plea and remand for further proceedings.

On October 12, 2000, the defendant pled guilty to armed robbery, a violation of R.S. 14:65, and agreed to a five year sentence. At the request of defendant, the trial judge...

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