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STATE v. AVILA

No. 89-KA-233.

550 So.2d 1374 (1989)

STATE of Louisiana v. Melecio AVILA.

Court of Appeal of Louisiana, Fifth Circuit.

October 12, 1989.

Attorney(s) appearing for the Case

Harry J. Morel, Jr., Dist. Atty., Gregory C. Champagne, Asst. Dist. Atty., Hahnville, for plaintiff/appellee.

R.O. Lewis, Luling, for defendant/appellant.

Before CHEHARDY, BOWES and GOTHARD, JJ.

GOTHARD, Judge.

On February 25, 1988, the State filed bill of information number 88-0041 charging Jorge Avila with one count of aggravated burglary in violation of LSA-R.S. 14:60 and one count of armed robbery in violation of LSA-R.S. 14:64. Subsequently, the bill was amended to include Jorge's brother, Melecio Avila, (defendant herein) as co-defendant.

At the outset we note several problems with the instigation of prosecution in this case. Although not objected...

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