State v. Hupp

BOWES, Judge.

Defendant, Dwayne Hupp, appeals his re-sentencing on February 3, 1993 to forty years without benefit of parole, probation, or suspension of sentence.

For the following reasons, we vacate the sentence and remand the case to the district court.

PROCEDURAL HISTORY

The defendant, Dwayne Hupp, was charged with armed robbery in 1982. Following trial, the jury returned a verdict of guilty as charged. On April 27, 1983, Judge Wallace C. LeBrun sentenced the defendant to forty years at hard labor “without benefit of probation or suspension of sentence” (but omitting the word “parole”).…