State v. Reed

GULOTTA, Judge.

Defendant was found guilty, after a jury trial, of attempted simple burglary of an inhabited dwelling. (LSA-R.S. 14:27 and 14:62.2). In a subsequent multiple bill hearing, after determining that defendant was not a second offender, the trial judge imposed a five year sentence, the first year to be served without benefit of parole, probation or suspension of sentence. We affirm defendant’s conviction, but vacate the sentence.

Appealing, defendant contends the trial judge erred in denying him the opportunity of seeking a parole for a period of one year. According to defendant, the…