STATE v. DiMAGGIO

No. 84-KA-79.

461 So.2d 439 (1984)

STATE of Louisiana v. Harold DiMAGGIO.

Court of Appeal of Louisiana, Fifth Circuit.

December 11, 1984.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara B. Rutledge, Asst. Atty. Gen., for State of Louisiana.

Harry J. Morel, Jr., Dist. Atty., Don Almerico, Gregory C. Champagne, Asst. Dist. Attys., Twenty-Ninth Judicial District Court, Hahnville, Ralph L. Barnett, Gretna, for defendant-appellant.

Before CHEHARDY, BOWES and GAUDIN, JJ.


BOWES, Judge.

So far as we can determine, this is a case of first impression in the state courts of Louisiana interpreting the very recent U.S. Supreme Court decision, United States v. Leon, ___ U.S. ___, 104 S.Ct. 3405, 82 L.Ed.2d 677, 1984.

On January 20, 1983, appellant, Harold DiMaggio, was charged by a bill of information with the theft of materials from the Waterford 3 Nuclear Power Generating Facility, having a value of more than $100.00, but...

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