State v. Bernard

liLABORDE, Judge.

Defendant was sentenced to five years at hard labor for attempted second degree murder, which sentence was suspended and subject to certain conditions. The state appeals, alleging that the sentence was too lenient. We affirm, finding that the state had no right to appeal this sentence.

FACTS

Defendant, Gerald Bernard, was charged on August 12, 1993, with attempted second degree murder, a violation of La.R.S. 14:27 and 30.1. Defendant entered a plea of guilty to attempted second degree murder on December 13, 1993. On April 11, 1994, defendant was sentenced to five years at hard…