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STATE v. SMITH

No. 89-KA-2279.

577 So.2d 313 (1991)

STATE of Louisiana v. Seth A. SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

March 14, 1991.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Charmagne Padua, Asst. Dist. Atty., New Orleans, for appellee.

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

Before CIACCIO, LOBRANO and WARD, JJ.

LOBRANO, Judge.

Defendant, Seth Smith, was charged by bill of information with the first degree robbery of Alice Toliver, a violation of La. R.S. 14:64.1.

Defendant pled not guilty. He waived trial by jury. He was subsequently tried by a judge and was found guilty of simple robbery. On July 25, 1989, defendant was sentenced to serve seven (7) years at hard labor.

FACTS:

On November 1, 1988, between 10:20 and 10:25 p.m., Alice Toliver was...

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