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STATE v. DANIEL

No. 88-KA-476.

536 So.2d 796 (1988)

STATE of Louisiana v. Lorey DANIEL.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied January 17, 1989.

Attorney(s) appearing for the Case

John M. Mamoulides, Dist. Atty., Dorothy A. Pendergast, Asst. Dist. Atty., Gretna, for plaintiff/appellee.

Martha E. Sassone, Indigent Defender Bd., Gretna, for defendant/appellant.

Before CHEHARDY, BOWES and WICKER, JJ.

WICKER, Judge.

Lorey Daniel appeals his jury conviction of the offense of receiving stolen things, La.R.S. 14:69, and the resulting sentence. The issues are sufficiency of evidence to convict, excessiveness of the sentence, and error patent. We reverse.

Michael Abide reported his $1,500.00 outboard motor stolen on November 16, 1986. Two days later, Daniel tried to sell an outboard motor to Laurence Palmisano at Marrero Boats. Daniel waited while Palmisano...

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