DUFRESNE, Judge.
Defendant, Lawrence Floyd was charged by grand jury indictment with forcible rape in violation of La.R.S. 14:42.1. Trial was held and the defendant was found guilty as charged and was sentenced to forty years at hard labor, the first five years to be served without benefit of probation, parole or suspension. From this conviction and sentence the defendant has appealed and has assigned three assignments of error.
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