State v. Rubin

MARVIN, Chief Judge.

We reversed this defendant’s conviction of attempted first degree murder because the trial court erroneously instructed the jury about specific intent. State v. Rubin, 559 So.2d 550 (La.App.2d Cir.1990).1

After being again tried and convicted by a jury, Rubin appeals to question whether the evidence was sufficient to convict and whether or not a mistrial should have been declared. Rubin also complains that his sentence to 50 years at hard labor is excessive.

We affirm the conviction. We amend the sentence to allow credit for time served on this charge and, as amended, affirm…