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STATE v. HERNANDEZ

No. CR86-561.

503 So.2d 1181 (1987)

STATE of Louisiana v. Gene HERNANDEZ.

Court of Appeal of Louisiana, Third Circuit.

March 4, 1987.

Attorney(s) appearing for the Case

Lee Gallaspy, Gerald Block, Lafayette, for defendant-appellant.

Robin Rhodes, Keith Stutes, Asst. Dist. Attys., Lafayette, for plaintiff-appellee.

Before DOMENGEAUX, FORET and KNOLL, JJ.

DOMENGEAUX, Judge.

Appellant, Gene Hernandez, was charged by indictment of two counts of theft of an amount of $500.00, which are violations of La. R.S. 14:67. He was tried by a jury and convicted of both counts on November 7, 1985. He was sentenced to serve five years at hard labor for each count with the sentences to run concurrently.

FACTS

On September 11, 1984, Gene Hernandez presented a VCR and two video-tapes to a cashier of a Target Store...

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