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State v. Berkeley5/30/2001
post-conviction relief, as is mandated by La. C.Cr.P. art. 930.8. Therefore, at the time of resentencing, we instruct the trial court to advise defendant of the provisions of La. C.Cr.P. art. 930.8.
Additionally, we note that at the time of sentencing, the trial court failed to specify the conditions of home incarceration, as required by La. C.C.P. art. 894.2. Therefore, at the time of resentencing, the trial court is instructed to specify the conditions of defendant's home incarceration.
For the foregoing reasons, defendant's conviction is hereby affirmed. Defendant's sentence is vacated and the matter is remanded to the trial court for resentencing in accordance with La. C.Cr.P. arts. 894.2, 895.1 and 930.8.
CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED.
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