HALL, Chief Judge.
Defendant, Gregory Owens, was tried by a jury on charges of aggravated rape in violation of LSA-R.S. 14:42 and aggravated burglary in violation of LSA-R.S. 14:60. Defendant was convicted of simple burglary and a mistrial was declared as to the aggravated rape charge due to the jury's inability to agree on a verdict. The simple burglary conviction was affirmed on appeal. State v. Owens,
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