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STATE v. JOHNSON

No. 87 KA 1719.

529 So.2d 466 (1988)

STATE of Louisiana v. Leonard Gay JOHNSON a/k/a Leonard Kinchen.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 2, 1988.

Attorney(s) appearing for the Case

Charles V. Genco, Asst. Dist. Atty., Amite, for plaintiff-appellee.

Marion B. Farmer, Covington, for defendant-appellant.

Before WATKINS, CARTER and FOIL, JJ.

WATKINS, Judge.

The defendant, Leonard Gay Johnson, a/k/a Leonard Kinchen, was charged by grand jury indictment with forcible rape, in violation of LSA-R.S. 14:42.1. He pled not guilty and, after trial by jury, was found guilty of the responsive verdict of sexual battery, in violation of LSA-R.S. 14:43.1. On June 15, 1987, the defendant received a sentence of ten years at hard labor for this conviction. However, on July 8, 1987, the prosecution filed a habitual offender...

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