WICKER, Judge.
Defendant, Michael Gracia, was charged by bill of information with simple burglary of an inhabited dwelling in violation of La. R.S. 14:62.2. He was found guilty as charged by a jury. The trial judge sentenced him to serve eight years at hard labor without benefit of parole, probation or suspension of sentence. We annul and set aside the conviction and sentence and remand for a new trial.
The testimony at trial set forth the following: At approximately...
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