STATE v. HAYS

No. 87-KA-733.

526 So.2d 1350 (1988)

STATE of Louisiana v. David A. HAYS.

Court of Appeal of Louisiana, Fifth Circuit.

May 16, 1988.


Attorney(s) appearing for the Case

Dorothy A. Pendergast, Asst. Dist. Atty., Research & Appeals, Gretna, for plaintiff/appellee.

Philip E. O'Neill, Gretna, for defendant/appellant.

Before KLIEBERT, DUFRESNE and GOTHARD, JJ.


GOTHARD, Judge.

The defendant, David A. Hays, was charged on September 26, 1986 by a bill of information with simple burglary of an inhabited dwelling in violation of LSA-R.S. 14:62.2 He pled not guilty. His motion to suppress identification was heard and denied on February 17, 1987. On February 20, 1987, a twelve-person jury found him guilty as charged in a vote of ten to two. He was sentenced to three years at hard labor, the first year to be served without benefit...

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