STATE v. MAYBERRY

No. CR 83-1081.

457 So.2d 880 (1984)

STATE of Louisiana, Plaintiff-Appellee, v. Oliver Ray MAYBERRY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied December 14, 1984.


Attorney(s) appearing for the Case

W. Simmons Sandoz, Sandoz, Sandox & Schiff, Opelousas, for defendant-appellant.

Morgan J. Goudeau, III, Dist. Atty., David Miller, Asst. Dist. Atty., Opelousas, for plaintiff-appellee.

Before FORET, STOKER and KNOLL, JJ.


KNOLL, Judge.

The defendant, Oliver Ray Mayberry, was convicted by a six-member jury on August 10, 1983, of aggravated battery, a violation of LSA-R.S. 14:34. The trial court sentenced defendant to serve ten years at hard labor. Since a firearm was used in the commission of the offense, the court enhanced defendant's sentence under LSA-C.Cr.P. Art. 893.1 and LSA-R.S. 14:95.2, and made it consecutive to any other sentence.

Defendant relies upon four assignments...

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