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STATE v. BURGER

No. KA 9006.

531 So.2d 1163 (1988)

STATE of Louisiana v. Brett BURGER.

Court of Appeal of Louisiana, Fourth Circuit.

September 16, 1988.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Sandra Pettle, Asst. Dist. Atty., New Orleans, for State.

Sherry Watters, Orleans Indigent Defender Program, New Orleans, for defendant.

Before GULOTTA, C.J., and WILLIAMS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Defendant, Brett Burger, was charged with and convicted of forcible rape, a violation of La.R.S. 14:42.1. Because he had previously been convicted of two felony offenses, he was billed as a habitual offender under La.R.S. 15:529.1 and sentenced to serve forty years at hard labor. Defendant now appeals his conviction.

The alleged rape occurred in the early morning hours of July 4, 1986 near the Melpomene Housing Project. Defendant and the...

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