STATE of Louisiana v. Kirk SHAFFER . Court of Appeal of Louisiana Fourth Circuit . July 12, 1988 . Harry F. Connick , Dist. Atty., Sandra Pettle , R. Jeffrey Bridger , Asst. Dist. Attys., New Orleans, for plaintiff . Cecil M. Burglass, Jr. , New Orleans, for defendant . Before GULOTTA , C.J., and GARRISON and PLOTKIN , JJ. GULOTTA , Chief Judge. Kirk Shaffer was convicted of pandering, LSA-R.S. 14:84 , and was sentenced as a second offender to ten years at hard labor with no parole or good time eligibility. In two assignments of error, he contends 1) that the evidence was insufficient to support his conviction, and 2) that his attorney had a conflict of interest in representing him. We affirm. At the outset, we notice a sentencing error patent in the record. Because defendant was sentenced as a second offender, he is eligible for parole consideration upon serving one-half of the sentence imposed. 1 The trial judge, however, denied defendant eligibility for parole for the entirety of his sentence. First, a question arises whether the trial judge may deny parole eligibility when imposing sentence or whether the provisions of R.S. 15:574.4 (A) (1) are merely guidelines to be employed by the Department of Corrections . In State v. Burgess , 482 So.2d 125 ( La.App. 4th Cir. 1986 ) this court held that where a defendant had prior convictions and was sentenced to the Department of Corrections , the trial judge could properly deny parole eligibility. However, in State v. Bell , 492 So.2d 218 ( La.App. 4th Cir. 1986 ) , we reached a different result. In Bell, we concluded that the trial judge did not have the authority to prohibit parole when imposing sentence and we vacated that portion of the defendant 's sentence which prohibited parole. See also State v. Bunch , 510 So.2d 1266 ( La.App. 4th Cir. 1987 ) in a denial of rehearing per curiam. Thereafter, however, this court in State v. Perkins , 514 So.2d 585 ( La.App. 4th Cir. 1987 ) and State v. Walter , 514 So.2d 620 ( La.App. 4th Cir. 1987 ) reached conclusions consistent with State v. Burgess , supra . Our consideration of the rationale in the cited cases leads us to conclude that the trial judge is clothed with the authority to impose a sentence prohibiting parole eligibility when this prohibition is appropriate. Nonetheless, while we conclude the trial judge may deny parole eligibility, in the instant case he erroneously imposed the prohibition for the sentence in its entirety. Consistent with LSA-R.S. 15:574.4 (A) (1) , this second offender cannot be prohibited from eligibility for parole consideration after serving one-half of the sentence imposed. Accordingly, defendant is entitled to an amendment of the sentence consistent with the conclusions reached herein. Turning now to defendant 's assignments of error, we consider them in reverse order. In his second assignment of error, defendant contends that his conviction should be reversed because his attorney had an alleged conflict of interest in representing him. According to Shaffer, his attorney in the instant case had also represented Shaffer's co- defendant in an unrelated matter in Jefferson Parish involving possession of a stolen gun. A review of the record reveals that defendant did not raise the alleged conflict of interest issue until his multiple bill hearing. Because the issue was raised for the first time after trial, the defendant must demonstrate "an actual conflict of interest adversely affecting his lawyer's performance" . State v. Kahey , 436 So.2d 475 ( La. 1983 ) . Under Kahey, an actual conflict of interest is established only when the defendant proves that his attorney was placed in a situation that was inherently conducive to divided loyalties. In the instant case , defendant has made no showing that his attorney's representation of Shaffer's co- defendant in a separate case in another parish was related to the instant case or that his attorney was placed in a situation conducive to divided loyalties. Accordingly, we conclude that defendant has no basis upon which to allege a conflict of interest. This assignment of error is without merit. The more serious contention raised by defendant concerns the sufficiency of evidence. Shaffer contends that in pandering cases the state must show that the defendant was promoting prostitution. He argues that the circumstantial evidence in the instant case was insufficient to prove this necessary element of the offense. Eric Dubelier , an assistant district attorney, testified that from June, 1986 to November, 1986 , the New Orleans District Attorney 's office and the NOPD vice squad, in conjunction with the federal drug enforcement administration, had set up an undercover operation through a business known as "A Touch Of Class Escort Service" . The owner of this business had been apprehended earlier and had become an informant, under the supervision of the District Attorney 's office. Dubelier stated that he was manning the telephone at the escort service on November 13, 1986 , and that he had received several calls from both the defendant and his wife Bobby, telling him that they were short of cash and asking if there were any "dates" for Bobby. Dubelier further testified that Bobby had been working as a prostitute for the escort service for the past several months, and the normal routine would be for defendant or Bobby to call and ask "whether we had dates or the service had dates to send them on" . After undercover vice officers were planted at the Monteleone Hotel, Dubelier told Bobby that the escort service had a date for her at that hotel. Undercover vice officer Edward Messina testified that on November 13, 1986 , he obtained a room at the Monteleone, called the escort service at 10:35 p.m., and instructed them to have Bobby call him in a few minutes. Bobby called a few minutes later and stated that she would be over in half an hour. Upon arrival, Bobby told him that she charged $150.00 per hour plus $60.00 for the escort service. After Messina gave Bobby $210.00, she called the escort service and then her "taxi cab" at 529-0571 to tell that party that she had a one-half hour appointment. Bobby and Messina then undressed and got into bed. After Bobby had attempted to perform oral sex upon him, Messina arrested her. In a search incident to the arrest, ... 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Velez, CR90-230 United States Court of Appeal of Louisiana October 2, 1991 Court of Appeal of Louisiana October 2, 1991 State v. Walker United States Court of Appeal of Louisiana April 13, 1989 ...4th Cir.1987), which can be inferred from the circumstances of the incident, State v. Bunch, 510 So.2d at 1268; State v. Shaffer, 529 So.2d 98, 101 (La.App. 4th Cir.1988) . When reviewing the evidence for its sufficiency to convict, the evidence is viewed in the light most favorable to the p...... Court of Appeal of Louisiana State v. Kimble United States Court of Appeal of Louisiana June 20, 1989 ...appropriate. State v. Bell, 471 So.2d 1190, 1194 (La.App. 3d Cir.), cert. denied, 477 So.2d 97 (La.1985). See also State v. Shaffer, 529 So.2d 98, 100 (La.App. 4th Cir.1988) .3 The numbers of the assignments of error in the defendant's brief to this court do not necessarily correspond with t...... Court of Appeal of Louisiana