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STATE v. ELLIS

No. 83 KA 0955.

447 So.2d 44 (1984)

STATE of Louisiana v. David Thomas ELLIS.

Court of Appeal of Louisiana, First Circuit.

February 28, 1984.

Attorney(s) appearing for the Case

Ossie Brown, Dist. Atty. by Brenda Creswell, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

Michele Fournet, Appellate Counsel, Asst. Public Defender, Baton Rouge, for defendant-appellant.

Before COVINGTON, COLE and SAVOIE, JJ.

COVINGTON, Judge.

The defendant, David Thomas Ellis, was charged by bill of information with the attempted first degree murder of Clyde Payne in violation of LSA-R.S. 14:27, 30 (Count 1) and attempted armed robbery of Clyde Payne in violation of LSA-R.S. 14:27, 64 (Count 2).1

The jury returned a responsive verdict of guilty of aggravated battery to Count 1, and acquitted defendant of Count 2. The defendant was sentenced to five...

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