State v. Morgan

_^JONES, Judge.

The defendant was convicted of attempted armed robbery, a violation La.R.S. 14:27(64). He was sentenced as a third felony offender under La.R.S. 15:529.1 to serve sixteen years at hard labor without benefit of parole, probation, or suspension of sentence. The trial court stated it was relying upon State v. Dorthey, 623 So.2d 1276 (La.1993), as the basis for imposing a sentence less than that mandated by the Habitual Offender law. The State objected to the sentence arguing that the statutory minimum sentence was thirty-three and one-half years and that the trial court did not…