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STATE v. SPAIN

No. 99-KA-1956.

757 So.2d 879 (2000)

STATE of Louisiana v. David SPAIN.

Court of Appeal of Louisiana, Fourth Circuit.

March 15, 2000.

Attorney(s) appearing for the Case

Laura Pavy, Louisiana Appellate Project, New Orleans, LA, Counsel for Defendant-Appellant.

Harry F. Connick, District Attorney of Orleans Parish, Nicole Barron, Assistant District Attorney, New Orleans, LA, Counsel for Plaintiff-Appellee.

Court composed of Chief Judge ROBERT J. KLEES, Judge STEVEN R. PLOTKIN, Judge MICHAEL E. KIRBY.

PLOTKIN, Judge.

This case presents the question of what constitutes an unauthorized entry of an inhabited dwelling.

Defendant David A. Spain was charged by bill of information on January 29, 1999, with one count each of unauthorized entry of an inhabited dwelling, a violation of La. R.S. 14:62.3, and aggravated battery, a violation of La. R.S. 14:34. Defendant pled not guilty at his arraignment on February 3, 1999, but was found guilty of unauthorized entry...

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