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STATE v. MONTGOMERY

No. 90-KA-0507.

598 So.2d 553 (1992)

STATE of Louisiana v. Elijah MONTGOMERY.

Court of Appeal of Louisiana, Fourth Circuit.

April 14, 1992.

Attorney(s) appearing for the Case

M. Craig Colwart, Orleans Indigent Defender Program, New Orleans, for Elijah Montgomery.

Harry F. Connick, Dist. Atty., David Arena, Asst. Dist. Atty., New Orleans, for State of La.

Before SCHOTT, C.J., WARD, J., and ALVIN RUDY EASON, J. Pro Tem.

WARD, Judge.

The District Attorney charged Elijah Montgomery with the crime of simple burglary. Montgomery pled not guilty, and the case proceeded to trial before a jury. The jury found Montgomery guilty of the lesser included responsive verdict of attempted simple burglary. The District Attorney then charged that Montgomery was a multiple offender having been twice convicted of felonies before this latest conviction. In response to the multiple offender charge Montgomery...

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