Opinion
No. 81-K-3298.
February 5, 1982.
In re Warren Schmitt, applying for writ of habeas corpus. Criminal District Court. Parish of Orleans. No. 246-994.
Denied.
DENNIS and CALOGERO, JJ., would grant an evidentiary hearing. The trial judge apparently based the ten year sentence on the erroneous assumption that the maximum allowable sentence was 20 years when in fact it was 10 years.