STATE v. CAIN

No. 88-KA-1828.

555 So.2d 490 (1989)

STATE of Louisiana v. Gary CAIN.

Court of Appeal of Louisiana, Fourth Circuit.

December 14, 1989.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Jack Peebles, Asst. Dist. Atty., New Orleans, for plaintiff-appellee.

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

Before SCHOTT, C.J., and CIACCIO and ARMSTRONG, JJ.


SCHOTT, Chief Judge.

Defendant was convicted of aggravated battery (R.S. 14:34) on his wife and sentenced to ten years. Subsequently he was resentenced as a second offender under the Habitual Offender Law to ten years. By his sole assignment of error he contends the sentence was excessive.

On March 1, 1988 defendant got into a fight with his wife's uncle inside the couple's home. The wife tried to stop the fight and he attacked her with a screwdriver. She...

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