State v. Matthews

463 So. 2d 594, 1985 La. LEXIS 8103

Opinion

PER CURIAM.

Defendant’s conviction for attempted possession of heroin with the intent to distribute in violation of La.R.S. 14:27; 40:966 is affirmed. His sentence of thirty-three and a third years at hard labor is amended, however; the words “without benefit of probation, parole, or suspension of sentence” are removed. Cf., R.S. 14:27(d)(l); State v. Green, 391 So.2d 833 (La.1980); State v. Wymore, 377 So.2d 283, 285 (La. 1977). In all other respects, the sentence imposed by the trial court is affirmed.

CONVICTION AFFIRMED: SENTENCE AMENDED AND AS AMENDED AFFIRMED.