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STATE v. MARTIN

No. CR87-477.

520 So.2d 1079 (1987)

STATE of Louisiana v. Charles MARTIN.

Court of Appeal of Louisiana, Third Circuit.

December 9, 1987.

Attorney(s) appearing for the Case

David Stone, Alexandria, for defendant.

R. Greg Fowler, Asst. Dist. Atty., Alexandria, for plaintiff.

Before DOMENGEAUX, GUIDRY and LABORDE, JJ.

GUIDRY, Judge.

Defendant, Charles Martin, was convicted of aggravated battery, a violation of La.R.S. 14:34. On March 24, 1987, he was sentenced to serve five years at hard labor. Defendant has appealed his conviction and the sentence imposed.

FACTS

On July 4, 1986, at about 11:30 p.m., Kenneth Davenport went to the Oak Tree Lounge in Alexandria, Louisiana, with his brother. Early on the morning of July 5th,

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