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STATE v. TRACKLING

No. 91-KA-0312.

598 So.2d 615 (1992)

STATE of Louisiana v. Sylvester TRACKLING.

Court of Appeal of Louisiana, Fourth Circuit.

April 14, 1992.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Hans Sinha, Asst. Dist. Atty., New Orleans, for plaintiff/appellee.

M. Craig Colwart, Orleans Indigent Defender Program, New Orleans, for defendant/appellant.

Before BARRY, BYRNES and JONES, JJ.

BARRY, Judge.

The defendant was convicted of aggravated battery (La.R.S. 14:34) and attempted aggravated rape (La.R.S. 14:27, 14:42). He was sentenced to forty years at hard labor on the rape charge and ten years at hard labor on the aggravated battery charge, the sentences to run concurrently. He was multiple billed as a second felony offender and re-sentenced to fifty years at hard labor without benefit of good time.

The defendant argues that (1) it was...

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