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STATE v. PUPO

No. KA-1828.

466 So.2d 696 (1985)

STATE of Louisiana v. Jose F. PUPO.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted May 24, 1985.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara B. Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Beryl M. McSmith, Julia S. Coley, Asst. Dist. Attys., New Orleans, for appellee.

M. Craig Colwart, Orleans Indigent Defender Program, New Orleans, for appellant.

Before GULOTTA, SCHOTT and KLEES, JJ.

GULOTTA, Judge.

Defendant was convicted of forcible rape, LSA-R.S. 14:42.1, and sentenced to 40 years' imprisonment. In his assignments of error, defendant contends the trial judge erred in denying the defendant's motion for a mistrial based on remarks made at trial and in imposing an excessive sentence. We affirm.

Forcible rape is defined in LSA-R.S. 14:42.1 as:

"... rape committed where the anal or vaginal...

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