STATE v. MOORE

No. KA-8949.

534 So.2d 1275 (1988)

STATE of Louisiana v. Thomas MOORE.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing November 29, 1988.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., William A. Marshall, Asst. Dist. Atty., Beryl M. McSmith, Asst. Dist. Atty., New Orleans, for State of La.

Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for defendant.

Before SCHOTT, KLEES and PLOTKIN, JJ.


PLOTKIN, Judge.

Defendant Thomas Moore appeals his conviction for forcible rape, alleging that testimony concerning a prior incident involving a different victim was improperly admitted by the trial court. He also alleges that his 40-year maximum sentence is unconstitutionally excessive.

The prosecutrix in this case claims that she was raped twice by the defendant and forced to submit to oral sex sometime in the late night hours of May 13, 1985 and/or early...

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